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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill 2011
No , 2011
A Bill for
An Act to repeal certain Acts and instruments and to amend certain other Acts and
instruments in various respects and for the purpose of effecting statute law revision;
and to make certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2011. 3
2 Commencement 4
(1) This Act commences on 8 July 2011 or the date of assent to this Act, 5
whichever is the later. 6
(2) However, the amendments made by the Schedules to this Act 7
commence on the day or days specified in those Schedules in relation to 8
the amendments concerned. If a commencement day is not specified, 9
the amendments commence in accordance with subsection (1). 10
3 Explanatory notes 11
The matter appearing under the heading "Explanatory note" in any of 12
the Schedules does not form part of this Act. 13
Page 2
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Adoption Act 2000 No 75 2
[1] Section 91 Report required before order made for adoption of child 3
Omit ", an approved assessor, or a principal officer (or delegate)" from 4
section 91 (2). 5
Insert instead "or an authorised person". 6
[2] Section 91 (2A) 7
Insert after section 91 (2): 8
(2A) In this section, an authorised person means any of the following: 9
(a) an approved assessor, 10
(b) the principal officer of an accredited adoption service 11
provider (or delegate), 12
(c) the principal officer of a designated agency (or delegate). 13
[3] Section 91 (5) (b) 14
Omit "approved assessor or a principal officer". 15
Insert instead "authorised person". 16
[4] Section 91 (6B) 17
Insert after section 91 (6A): 18
(6B) A principal officer of a designated agency may delegate his or her 19
function under subsection (2) to one or more employees of the 20
agency, whom the principal officer considers to be appropriately 21
qualified to exercise the function. 22
[5] Section 91 (7) 23
Omit the subsection. Insert instead: 24
(7) In this section: 25
approved assessor means a person, or a person of a class, 26
approved by the Director-General from time to time, by order in 27
writing, to provide a report to the Court for the purposes of this 28
section. 29
Page 3
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
designated agency has the same meaning as in section 139 of the 1
Children and Young Persons (Care and Protection) Act 1998. 2
Explanatory note 3
The proposed amendments to the Adoption Act 2000 allow the Supreme Court, when 4
making an order for the adoption of a child under 18 years of age, to accept a report 5
that has been prepared by the principal officer (or delegate of the principal officer) of 6
any government agency or non-government agency organisation that is accredited to 7
provide out-of-home care under the Children and Young Persons (Care and Protection) 8
Act 1998. 9
1.2 Associations Incorporation Act 2009 No 7 10
[1] Section 45 Lodgment of documents with Director-General 11
Omit "The public officer of a" from section 45 (1). Insert instead "A". 12
[2] Section 49 Lodgment of summary with Director-General 13
Omit "The public officer of a" from section 49 (1). Insert instead "A". 14
Explanatory note 15
The proposed amendments to the Associations Incorporation Act 2009 make an 16
association under that Act responsible for lodging its financial reports. At present, this 17
obligation falls on the public officer of the association. 18
1.3 Children and Young Persons (Care and Protection) Act 1998 19
No 157 20
[1] Section 29 Protection of persons who make reports or provide certain 21
information 22
Omit "(including any appeal arising from those proceedings), other than the 23
following" from section 29 (1) (d). 24
Insert instead "other than the following proceedings (and appeals arising from 25
the following proceedings)". 26
[2] Section 37 Alternative dispute resolution 27
Omit section 37 (2) and (3). Insert instead: 28
(2) Participation in any such alternative dispute resolution is 29
voluntary. 30
(3) To avoid doubt, subsection (2) does not apply to any dispute 31
resolution conducted by the Children's Registrar of the 32
Children's Court, or ordered by the Children's Court, under this 33
Act. 34
Page 4
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
[3] Section 220 Regulations relating to children's services 1
Renumber paragraph (a) of section 220 (11) as (a1) and insert before that 2
paragraph (as so renumbered): 3
(a) a person who is a licensee or proposed licensee, 4
Explanatory note 5
Item [1] of the proposed amendments to the Children and Young Persons (Care and 6
Protection) Act 1998 (the Act) makes it clear that a report relating to a child or young 7
person that is admissible in proceedings specified in section 29 (1) (d) of the Act is also 8
admissible in any appeal proceedings arising from those proceedings. 9
Item [2] revises a provision that states that participation in alternative dispute resolution 10
services arranged by the Director-General under the Act is voluntary to make it clear 11
that the provision does not apply to dispute resolution conducted by the Children's 12
Registrar of the Children's Court, or ordered by the Children's Court, under the Act. The 13
amendment also removes an obsolete reference to preliminary court conferences. 14
Item [3] allows regulations to be made regarding probity checks that may be conducted 15
on a person who is a licensee or proposed licensee of a prescribed children's service 16
under Part 3 of Chapter 12 of the Act. The Act already grants power to make 17
regulations for probity checks in relation to persons involved in the control or 18
management of a licensee or proposed licensee. This amendment will ensure that the 19
regulations may make provision for the probity checks to be conducted in relation to 20
natural persons who provide children's services. 21
1.4 Election Funding, Expenditure and Disclosures Act 1981 22
No 78 23
Section 97E Public funding of eligible parties for administrative 24
expenditure 25
Omit "elected at the State election" from section 97E (2) (b). 26
Insert instead "elected at a State election (including at a joint sitting to fill a 27
vacancy in the Legislative Council)". 28
Transitional 29
The amendment to section 97E extends to payments from the Administration Fund in 30
respect of expenditure incurred during the 2010 calendar year. 31
Explanatory note 32
The Act provides that annual payments for administrative expenditure are to be made 33
from an Administration Fund to political parties with parliamentary representatives 34
(elected members) based on the number of their elected members at the time an 35
annual amount becomes payable. The amendment makes it clear that the number of 36
elected members includes members at that time who were elected at a joint sitting of 37
members of Parliament to fill a casual vacancy in the Legislative Council. 38
Page 5
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
1.5 Fire Brigades Act 1989 No 192 1
[1] Section 3 Definitions 2
Omit "NSW Fire Brigades" from the definition of Commissioner in 3
section 3 (1). 4
Insert instead "Fire and Rescue NSW". 5
[2] Section 3 (1), definition of "Department" 6
Omit the definition. Insert instead: 7
Department means Fire and Rescue NSW. 8
[3] Sections 65 and 78A 9
Omit the sections. 10
[4] Schedule 4 Savings and transitional provisions 11
Insert after Part 8: 12
Part 9 Provision relating to the Statute Law 13
(Miscellaneous Provisions) Act 2011 14
30 Continuation of Fire and Rescue NSW as Division of the 15
Government Service 16
The repeal of section 65 by the Statute Law (Miscellaneous Provisions) 17
Act 2011 does not affect the establishment of Fire and Rescue NSW as 18
a Division of the Government Service under Chapter 4 of the Public 19
Sector Employment and Management Act 2002. 20
Explanatory note 21
Items [1] and [2] of the proposed amendments to the Fire Brigades Act 1989 (the Act) 22
update references to "NSW Fire Brigades" as a consequence of the change of name 23
of that Department (by the Public Sector Employment and Management (Fire and 24
Rescue NSW) Order 2010) to "Fire and Rescue NSW". 25
Item [3] omits section 65 of the Act, which establishes "NSW Fire Brigades" as a 26
Department, and item [4] makes it clear that the repeal of that provision does not affect 27
the status of Fire and Rescue NSW as a Department. 28
Item [3] also omits a provision relating to temporary assignment of members of staff of 29
Fire and Rescue NSW and members of permanent fire brigades to the former Police 30
and Emergency Services NSW, which has since been abolished as a Division of the 31
Government Service. Accordingly, the provision no longer has any operation. 32
Page 6
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
1.6 Holiday Parks (Long-term Casual Occupation) Act 2002 1
No 88 2
[1] Schedule 1 Terms that are taken to be in every occupation agreement 3
Insert at the end of clause 5: 4
(2) An occupant must not occupy the site for more than 180 days in 5
any 12-month period (in a continuous or broken period). 6
[2] Schedule 1, clause 12 7
Omit clauses 12 and 13. Insert instead: 8
12 How to pay occupation fees 9
(1) Occupation fees may be paid in the following ways [cross out any 10
options that do not apply]: 11
(a) in cash to the park owner at [fill in address of park owner], 12
or at any other reasonable place the park owner names to 13
the occupant in writing, 14
(b) in cash to the park manager at [fill in address of park 15
manager], or at any other reasonable place the park owner 16
names to the occupant in writing, 17
(c) by cheque payable to the park owner at [fill in address of 18
park owner], or at any other reasonable place the park 19
owner names to the occupant in writing, 20
(d) by cheque payable to the park manager at [fill in address 21
of park manager], or at any other reasonable place the park 22
owner names to the occupant in writing, 23
(e) by bank deposit into the following account [fill in account 24
details], or any other account nominated to the occupant by 25
the park owner, 26
(f) by [fill in details of alternative method of payment]. 27
(2) The methods of paying may be changed during the term of this 28
agreement if both the park owner and the occupant agree. 29
[3] Schedule 1, clause 27 30
Omit "for the term of this agreement" from clause 27 (b). 31
Insert instead "in accordance with the terms of this agreement". 32
Page 7
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
[4] Schedule 3 Savings and transitional provisions 1
Insert before clause 1: 2
Part 1 Preliminary 3
[5] Schedule 3, Part 2 4
Insert after clause 1: 5
Part 2 Statute Law (Miscellaneous Provisions) 6
Act 2011 7
2 Application of amendments 8
The amendments made to this Act by the Statute Law 9
(Miscellaneous Provisions) Act 2011 apply only to occupation 10
agreements entered into on or after the commencement of those 11
amendments. 12
Explanatory note 13
Item [1] of the proposed amendments to the Holiday Parks (Long-term Casual 14
Occupation) Act 2002 (the Act) makes it clear that it is a standard term of an 15
occupation agreement for a holiday park site that the occupant must not occupy the site 16
for more than 180 days in any 12-month period (in a continuous or broken period). 17
Under section 5 (1) of the Act, the Act applies in respect of an occupation agreement 18
only if the occupant can occupy the site for no more than 180 days in any 19
12-month period (in a continuous or broken period). The amendment is to avoid a 20
suggestion that an occupant can occupy the site for the whole term of the occupation 21
agreement, as specified in the agreement, when the term of the agreement exceeds 22
180 days. 23
Item [3] is a related amendment that makes it clear that a park owner is obliged to 24
ensure that there is no legal reason why an occupant cannot use the holiday park site 25
in accordance with the terms of the agreement. This replaces a standard term which 26
requires the park owner to agree that there is no legal reason why the occupant cannot 27
use the site for the term of the agreement. 28
Item [2] merges 2 existing provisions of the Act so that all payment method options 29
available to occupants of holiday park sites under an occupation agreement are 30
contained in one provision. 31
Item [5] applies the amendments to occupation agreements entered into on or after the 32
commencement of the proposed amendments. Item [4] is a consequential amendment. 33
1.7 Police Act 1990 No 47 34
[1] Section 39 Appointment to be made on merit 35
Omit "or an administrative officer" from section 39 (2) (a). 36
Insert instead ", an administrative officer or a temporary employee whose 37
employment as such an employee falls within a continuous employment 38
period of at least 2 years". 39
Page 8
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
[2] Sections 39 (2A) (b), 66 (3) (b) and 82C (4) (b) 1
Omit "abilities, qualifications, experience, standard of work performance and 2
personal qualities" wherever occurring. 3
Insert instead "qualifications, experience, standard of work performance and 4
capabilities". 5
[3] Section 39A Eligibility lists 6
Omit "6 months" from section 39A (3). Insert instead "12 months". 7
[4] Section 82C Appointment on merit 8
Insert "or a temporary employee whose employment as such an employee falls 9
within a continuous employment period of at least 2 years" after "officer" in 10
section 82C (2) (a). 11
[5] Section 82F Eligibility lists 12
Omit section 82F (3). Insert instead: 13
(3) An eligibility list for a position remains current for 12 months 14
after the list was created. 15
[6] Section 82F (5) and (6) 16
Omit the subsections. Insert instead: 17
(5) An eligibility list is applicable not only to the position in relation 18
to which it was created (the relevant position) but also: 19
(a) to any other position within the NSW Police Force that the 20
Commissioner determines the list should be applicable to 21
on the basis that the other position is substantially the same 22
as the relevant position, and 23
(b) to any other position in a Division of the Government 24
Service that the Division Head for that Division 25
determines the list should be applicable to on the basis that 26
the other position is substantially the same as the relevant 27
position. 28
(6) The Commissioner or a Division Head may make such a 29
determination at any time during the currency of the eligibility 30
list. 31
Page 9
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
[7] Section 82K 1
Insert after section 82J: 2
82K Appointment may be made to position pending vacation of 3
position 4
(1) If a non-executive administrative officer (the incumbent officer) 5
notifies the Commissioner in writing that the officer intends to 6
resign or retire from the officer's position on a specified date, the 7
Commissioner may, before the position becomes vacant, take 8
action to recruit and appoint another person (the new officer) to 9
the position. 10
(2) The appointment of the new officer may, if the instrument of 11
appointment so provides, take effect before the incumbent officer 12
vacates the position. 13
(3) In any such case, the incumbent officer and the new officer: 14
(a) both hold the same position, and 15
(b) may jointly exercise the functions of the position. 16
[8] Section 91A Appointment of long-term temporary employees to 17
permanent positions 18
Omit section 91A (2) (a). Insert instead: 19
(a) the employee must, at some stage of the temporary 20
employment, have been selected to perform duties at a 21
grade that is the same as (or similar to) the grade of the 22
position concerned (whether or not the duties of the 23
position are substantially the same as the duties performed 24
during the temporary employment), 25
(a1) the employee was performing duties at that grade 26
following some form of open competition that involved the 27
selection of the employee as the person who, in the opinion 28
of the Commissioner, had the greatest merit among the 29
candidates concerned, 30
[9] Section 91A (2) (d) 31
Omit "the relevant skills, qualifications, experience, work performance 32
standards and personal qualities". 33
Insert instead "the qualifications, experience, standard of work performance 34
and capabilities". 35
[10] Section 91A (2) (e) 36
Omit the paragraph. 37
Page 10
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
[11] Section 94 Requirements as to citizenship 1
Insert after section 94 (4): 2
(5) The Commissioner may exempt a non-executive administrative 3
officer from the operation of this section in any case the 4
Commissioner considers appropriate. 5
[12] Section 95B Temporary assignment of staff to carry out work for Police 6
and Emergency Services NSW 7
Omit the section. 8
[13] Schedule 4 Savings, transitional and other provisions 9
Insert after Part 26: 10
Part 27 Provision consequent on enactment of 11
Statute Law (Miscellaneous Provisions) 12
Act 2011 13
79 Existing eligibility lists 14
The amendments made to sections 39A (3) and 82F (3) by the Statute 15
Law (Miscellaneous Provisions) Act 2011 extend to eligibility lists 16
having effect immediately before the commencement of those 17
amendments. 18
Explanatory note 19
Items [1][11] of the proposed amendments to the Police Act 1990 make provisions 20
relating to the employment of persons in the NSW Police Force consistent with the 21
equivalent provisions for other public sector employees in the Public Sector 22
Employment and Management Act 2002. 23
Items [1] and [4] enable long-term temporary employees (that is, employed for at 24
least 2 years) to be appointed on merit to vacant executive positions and vacant 25
non-executive administrative positions that have not been advertised. 26
Items [2] and [9] modify the criteria for determining merit by replacing references to a 27
person's abilities and personal qualities with a reference to the person's capabilities. 28
Items [3] and [5] provide that an eligibility list for executive officers or non-executive 29
administrative officers will remain current for 12 months instead of 6 months. 30
Item [6] provides that an eligibility list for non-executive administrative positions is also 31
applicable to positions outside the NSW Police Force in a Division of the Government 32
Service that the relevant Division Head determines the list should be applicable to, on 33
the basis that the other position is substantially the same as the position for which the 34
eligibility list was initially created. 35
Item [7] enables the Commissioner of Police to recruit and appoint a person as a 36
non-executive administrative officer pending the vacation of the position by the 37
incumbent officer. 38
Item [8] removes the requirement that the position to which a long-term temporary 39
employee may be appointed must have substantially the same duties as those 40
performed by the person as a temporary employee. Instead, the employee must have 41
Page 11
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
been performing duties at the same or similar grade to the position to which the 1
employee is being appointed and must have been, at some stage during the temporary 2
employment, selected on merit to perform duties at that grade. Item [10] is a 3
consequential amendment. 4
Item [11] authorises the Commissioner of Police to exempt a non-executive 5
administrative officer from the requirement that all members of the NSW Police Force 6
must be an Australian citizen or a permanent Australian resident. 7
Item [12] omits a provision relating to temporary assignment of members of the NSW 8
Police Force to the former Police and Emergency Services NSW, which has since been 9
abolished as a Division of the Government Service. Accordingly, the provision no 10
longer has any operation. 11
Item [13] is a transitional provision. 12
1.8 Police Integrity Commission Act 1996 No 28 13
Section 124 Firearms and other police equipment 14
Omit section 124 (2). Insert instead: 15
(2) Commission investigators, and Commission surveillance 16
officers, who are seconded police officers or approved former 17
police officers are exempt from the requirement under the 18
Weapons Prohibition Act 1998 to be authorised by a permit to 19
possess or use handcuffs and body armour vests, but only when 20
acting in their capacity as officers of the Commission. 21
Explanatory note 22
The proposed amendment to the Police Integrity Commission Act 1996 (the Act) 23
replaces a provision that authorises (for the purposes of the now repealed Prohibited 24
Weapons Act 1989) Commission investigators, and Commission surveillance officers, 25
who are seconded police officers or approved former police officers to possess 26
handcuffs and body armour vests when acting in their capacity as officers of the 27
Commission. In doing so, the proposed amendment recasts the current provision (for 28
more accurate expression and for consistency with the language of a like exemption in 29
the Act) and updates the reference to the repealed Act. 30
1.9 Residential Tenancies Act 2010 No 42 31
[1] Section 22 Offence relating to terms of residential tenancy agreements 32
Insert ", or landlord's agent," after "A landlord". 33
[2] Section 33 Payment of rent by tenant 34
Insert ", or landlord's agent," after "A landlord" wherever occurring in 35
section 33 (2) and (3). 36
Page 12
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
[3] Section 36 Rent receipts 1
Insert after section 36 (3): 2
(4) This section does not apply to the New South Wales Land and 3
Housing Corporation or the Aboriginal Housing Office. 4
[4] Section 42 Rent increases under fixed term agreements 5
Omit section 42 (1) and (2). Insert instead: 6
(1) The rent payable under a fixed term agreement for a fixed term of 7
less than 2 years must not be increased during the fixed term 8
unless the agreement specifies the increased rent or the method of 9
calculating the increase. 10
(2) The rent payable under a fixed term agreement for a fixed term of 11
2 years or more: 12
(a) must not be increased more than once in any period of 13
12 months, and 14
(b) may be increased whether or not the agreement specifies 15
the increased rent or the method of calculating the 16
increase. 17
[5] Section 89 Repayment of rent owing following issue of non-payment 18
termination notice 19
Insert after section 89 (5): 20
(6) If the Tribunal makes a termination order as referred to in 21
subsection (5), a warrant for possession may be issued as a result 22
of that order, even if the tenant has paid all rent owing or 23
complied with a repayment plan. 24
[6] Section 102 Termination of agreement or co-tenancies by Tribunal 25
Insert ", in the order terminating the tenancy," after "the Tribunal must" in 26
section 102 (3). 27
[7] Section 102 (3A) 28
Insert after section 102 (3): 29
(3A) Such an order is taken to be an order for possession of the 30
residential premises in favour of the remaining tenant or 31
co-tenants. 32
Note. Section 121 provides that a warrant for possession may be issued 33
on the application of a person in whose favour an order for possession 34
is made. 35
Page 13
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
[8] Section 110 Tenant may vacate at any time before termination date 1
specified by landlord 2
Insert after section 110 (2): 3
(3) Subsection (2) does not affect the liability of a tenant under a 4
fixed term agreement to pay rent in respect of a period after the 5
tenant gives vacant possession of the residential premises and 6
before the end of the fixed term, if the termination notice is given 7
by the landlord in accordance with section 84. 8
Explanatory note 9
Items [1] and [2] of the proposed amendments to the Residential Tenancies Act 2010 10
(the Act) extend certain offences that apply to landlords so that they also apply to an 11
agent of a landlord. 12
Item [3] creates an exemption for the New South Wales Land and Housing Corporation 13
and the Aboriginal Housing Office from the requirements under section 36 relating to 14
the issuing of rent receipts. This mirrors the previous exemption in the repealed 15
Residential Tenancies Act 1987. 16
Item [4] changes a provision, which prevents rent being increased under a fixed term 17
agreement lease unless the rent increase is specified in the agreement, so that the 18
provision applies to an agreement for a term of less than 2 years (rather than a term of 19
2 years or less, as is currently the case). In addition, the requirement to specify, in an 20
agreement for a fixed term of less than 2 years, the amount of a proposed increase in 21
rent is replaced with a requirement to specify the increased rent (this ensures 22
consistency between sections 41 and 42 of the Act). 23
Item [5] clarifies that if the Consumer, Trader and Tenancy Tribunal makes a 24
termination order because it is satisfied that a tenant has frequently failed to pay rent 25
owing, in accordance with section 89 (5), a warrant for possession may be issued, even 26
if the tenant has paid all the rent owing or complied with a repayment plan. 27
Items [6] and [7] make it clear that an order made by the Consumer, Trader and 28
Tenancy Tribunal to terminate the tenancy of a co-tenant under a residential tenancy 29
agreement is taken to be an order for the possession of residential premises in favour 30
of the remaining tenant or co-tenants. Accordingly, a warrant for possession may be 31
issued in favour of the remaining tenant or co-tenants. 32
Item [8] transfers to the Act a provision in the Residential Tenancies Regulation 2010. 33
The provision makes it clear that a tenant under a fixed term agreement who vacates 34
premises before the end of a fixed term can be liable to pay rent for the balance of the 35
fixed term. 36
1.10 Residential Tenancies Regulation 2010 37
Clause 13 Effect of early vacation of residential premises 38
Omit the clause. 39
Explanatory note 40
The proposed amendment to the Residential Tenancies Regulation 2010 is 41
consequential on the transfer by this Schedule of the provision concerned to the 42
Residential Tenancies Act 2010. 43
Page 14
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
1.11 Statutory and Other Offices Remuneration Act 1975 (1976 1
No 4) 2
Schedule 2 Public offices 3
Omit the matter relating to Member of the Consumer, Trader and Tenancy 4
Tribunal from Part 1 of the Schedule. 5
Insert instead: 6
Full-time member of the Consumer, Trader and Tenancy 7
Tribunal (other than the Deputy Chairperson (Registry and 8
Administration)) 9
Part-time member of the Consumer, Trader and Tenancy 10
Tribunal (other than the Deputy Chairperson (Registry and 11
Administration)) 12
Commencement 13
The amendment commences, or is taken to have commenced, on the commencement 14
of Schedule 1 [18] and [19] to the Consumer, Trader and Tenancy Tribunal Amendment 15
Act 2008. 16
Explanatory note 17
The proposed amendment to the Statutory and Other Offices Remuneration Act 1975 18
allows the Statutory and Other Offices Remuneration Tribunal to determine the 19
remuneration of part-time members of the Consumer, Trader and Tenancy Tribunal. 20
The amendment is consequential on an amendment to the Consumer, Trader and 21
Tenancy Tribunal Act 2001 that provides for the remuneration of part-time members of 22
the Tribunal to be determined in the same manner as for full-time members (that is, in 23
accordance with the Statutory and Other Offices Remuneration Act 1975). 24
1.12 Swimming Pools Act 1992 No 49 25
[1] Section 3 Definitions 26
Omit "300 millimetres or more" from paragraph (a) of the definition of 27
swimming pool in section 3 (1). 28
Insert instead "more than 300 millimetres". 29
[2] Section 3 (1) 30
Insert in alphabetical order: 31
tourist and visitor accommodation has the same meaning as in 32
the standard local environmental planning instrument prescribed 33
by the Standard Instrument (Local Environmental Plans) Order 34
2006 (as in force on 1 March 2011). 35
Page 15
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
[3] Section 31 1
Insert before section 32: 2
31 Special requirements for swimming pools on premises of 3
tourist and visitor accommodation 4
(1) In this section, relevant day, in relation to a swimming pool or 5
class of swimming pools, means: 6
(a) 1 January 2012, or 7
(b) any later day prescribed by the regulations for that 8
swimming pool or class of swimming pools. 9
(2) This section applies to an outdoor swimming pool that: 10
(a) is situated on premises on which tourist and visitor 11
accommodation, other than a hotel or a motel, is located, 12
and 13
(b) immediately before the relevant day: 14
(i) had not yet been constructed or installed, or 15
(ii) was not surrounded by a child-resistant barrier that 16
met the requirements of section 7 (1) (a) and (b) as 17
in force at that time. 18
(3) Section 12 (b) and (c) apply to the owner of a swimming pool to 19
which this section applies as if the swimming pool were situated 20
on premises on which a hotel or a motel were located. 21
[4] Schedule 3 Savings, transitional and other provisions 22
Insert at the end of clause 1 (1): 23
Statute Law (Miscellaneous Provisions) Act 2011, to the extent that it 24
amends this Act 25
Commencement 26
Items [2] and [3] of the amendments commence on 1 January 2012. 27
Explanatory note 28
Item [1] amends the definition of swimming pool in the Swimming Pools Act 1992 (the 29
Act) so that only pools that are capable of being filled with water to a depth of more 30
than 300 millimetres (rather than a depth of 300 millimetres or more) may fall within the 31
definition. The item will make the definition consistent with certain application 32
provisions of the Building Code of Australia. 33
Item [2] inserts a definition of tourist and visitor accommodation for the purposes of 34
applying certain provisions of the Act to outdoor swimming pools on buildings and 35
places that provide temporary or short-term accommodation on a commercial basis, 36
including the following: 37
(a) backpackers' accommodation, 38
(b) bed and breakfast accommodation, 39
Page 16
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
(c) farm stay accommodation, 1
(d) serviced apartments, 2
but not including: 3
(e) camping grounds, or 4
(f) caravan parks, or 5
(g) eco-tourist facilities. 6
Item [3] has the effect of providing that the child-resistant barrier for an outdoor 7
swimming pool must be located immediately around the swimming pool, and must not 8
contain within its bounds structures that are not wholly ancillary to the swimming pool, 9
if: 10
(a) the swimming pool is situated on premises on which tourist and visitor 11
accommodation is located, and 12
(b) immediately before 1 January 2012 (or any later day prescribed by the 13
regulations), the swimming pool is not surrounded by a child-resistant barrier as 14
required by the Act. 15
Item [4] permits the making of savings or transitional regulations. 16
1.13 Water Management Act 2000 No 92 17
[1] Section 292 Functions of water supply authority 18
Insert after section 292 (2): 19
(2A) A water supply authority must not exercise any function beyond 20
its area of operations in such a way as to limit its capacity to 21
exercise that function within that area. 22
[2] Section 372B Interests and rights in metering equipment 23
Insert after section 372B (2): 24
(3) If a provision of the regulations provides that the Ministerial 25
Corporation is the owner of specified metering equipment that it 26
installs or replaces, the provision has effect despite anything 27
contained in section 42 of the Real Property Act 1900. 28
[3] Section 394 Service of documents 29
Insert at the end of section 394 (1) (c): 30
, or 31
(d) in any manner provided for by the regulations. 32
Explanatory note 33
Item [1] of the proposed amendments to the Water Management Act 2000 (the Act) 34
transfers to the Act a provision currently in the Water Management (Water Supply 35
Authorities) Regulation 2004 concerning the exercise of functions by water supply 36
authorities. 37
Page 17
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 1 Minor amendments
Item [2] transfers into the Act a provision that is currently in clause 108A of the Water 1
Management (General) Regulation 2004 for the sake of consistency with other 2
comparable provisions in the Act (for example, sections 173, 232 and 355). 3
Item [3] confirms that the regulations may make provision for the service of documents 4
in a manner other than provided for by the Act. 5
1.14 Water Management (General) Regulation 2004 6
Clause 108A Metering equipment installed by Ministerial Corporation 7
Omit clause 108A (4). 8
Explanatory note 9
The proposed amendment to the Water Management (General) Regulation 2004 is 10
consequential on the transfer by this Schedule of the provision concerned to the Water 11
Management Act 2000. 12
1.15 Water Management (Water Supply Authorities) Regulation 13
2004 14
Clause 9 Exercise of functions beyond area of operations 15
Omit the clause. 16
Explanatory note 17
The proposed amendment to the Water Management (Water Supply Authorities) 18
Regulation 2004 is consequential on the transfer by this Schedule of the provision 19
concerned to the Water Management Act 2000. 20
1.16 Wild Dog Destruction Act 1921 No 17 21
[1] Section 3A The Wild Dog Destruction Board 22
Omit "three years" from section 3A (9). 23
Insert instead "the term specified in the instrument of appointment (not 24
exceeding 3 years)". 25
[2] Section 3D Casual vacancy 26
Omit "residue of the predecessor's term of office". 27
Insert instead "term specified in the instrument of appointment (not 28
exceeding 3 years)". 29
Page 18
Statute Law (Miscellaneous Provisions) Bill 2011
Minor amendments Schedule 1
[3] Schedule 1 1
Insert after section 31: 2
Schedule 1 Savings and transitional provisions 3
Part 1 Provision consequent on enactment of 4
Statute Law (Miscellaneous Provisions) 5
Act 2011 6
1 Terms of office of members of the Wild Dog Destruction Board 7
The amendments to this Act made by the Statute Law 8
(Miscellaneous Provisions) Act 2011 apply only to members of 9
the Wild Dog Destruction Board appointed or reappointed after 10
the commencement of those amendments. 11
Explanatory note 12
Item [1] of the proposed amendments to the Wild Dog Destruction Act 1921 allows Wild 13
Dog Destruction Board (the Board) members to be appointed or reappointed for a term 14
of up to 3 years, rather than for a fixed term of 3 years as is currently the case. 15
Item [2] is a related amendment that allows a person appointed to a casual vacant 16
office on the Board to hold office for a term of up to 3 years (as specified in the 17
instrument of appointment), rather than for the residue of the predecessor's term of 18
office as is currently the case. 19
Item [3] applies the above amendments to members of the Board appointed or 20
reappointed after the commencement of those amendments. 21
Page 19
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Aboriginal Land Rights Regulation 2002 3
Clause 95 (3) (b) 4
Omit "National Institute of Accountants". 5
Insert instead "Institute of Public Accountants". 6
Explanatory note 7
The proposed amendment updates a reference to a body. 8
2.2 Administrative Decisions Tribunal Regulation 2009 9
Clause 5 (i) 10
Omit "section 64A". Insert instead "section 79A". 11
Explanatory note 12
The proposed amendment updates a cross-reference to a renumbered provision. 13
2.3 Anti-Discrimination Act 1977 No 48 14
Section 54 (3) (a)(c) 15
Omit the paragraphs. 16
Explanatory note 17
The proposed amendment omits references to repealed Acts and instruments. 18
2.4 Associations Incorporation Regulation 2010 19
Clause 3 (2) 20
Insert "(except in Schedules 1 and 3)" after "this Regulation" where firstly 21
occurring. 22
Explanatory note 23
The proposed amendment clarifies the operation of notes. 24
2.5 Baulkham Hills Local Environmental Plan 2005 25
Clause 63 (2) 26
Omit "132kv". Insert instead "132kV". 27
Explanatory note 28
The proposed amendment corrects a typographical error. 29
Page 20
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.6 Capital Debt Charges Act 1957 No 1 1
Schedule 2
Omit the matter relating to the Administrator of the Junee Water Supply. 3
Explanatory note 4
The proposed amendment removes redundant matter. 5
2.7 Coal Acquisition Legislation Repeal Act 2007 No 62 6
[1] Section 4 (b) 7
Omit the paragraph. 8
[2] Section 4 (c) 9
Omit ", and the Coal Ownership (Restitution) Regulation 2005 made under 10
that Act". 11
Explanatory note 12
The proposed amendments remove uncommenced provisions relating to a repealed 13
Act and repealed regulations. 14
2.8 Commercial Agents and Private Inquiry Agents Regulation 15
2006 16
[1] Clause 3 (1), paragraph (c) of the definition of "qualified accountant" 17
Omit "National Institute of Accountants". 18
Insert instead "Institute of Public Accountants". 19
[2] Clause 3 (1), paragraph (c) of the definition of "qualified accountant" 20
Omit "Public Practice Certificate". 21
Insert instead "Professional Practice Certificate". 22
Explanatory note 23
Item [1] of the proposed amendments updates a reference to a body. 24
Item [2] of the proposed amendments updates a reference to a certificate issued by that 25
body. 26
2.9 Commercial Arbitration Act 2010 No 61 27
Section 38 28
Omit "Court". Insert instead "court". 29
Explanatory note 30
The proposed amendment corrects a typographical error. 31
Page 21
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
2.10 Conveyancers Licensing Act 2003 No 3 1
Section 137 (6) 2
Omit "section 64A". Insert instead "section 79A". 3
Explanatory note 4
The proposed amendment updates a cross-reference to a renumbered provision. 5
2.11 Conveyancers Licensing Regulation 2006 6
Clause 37 (1) (m) 7
Omit "section 64A". Insert instead "section 79A". 8
Explanatory note 9
The proposed amendment updates a cross-reference to a renumbered provision. 10
2.12 Crimes at Sea Act 1998 No 173 11
[1] Schedule 1, clause 14 12
Omit "Offshore Petroleum Act 2006" wherever occurring. 13
Insert instead "Offshore Petroleum and Greenhouse Gas Storage Act 2006". 14
[2] Schedule 1, clause 14 (2) (b) 15
Omit "section 7 (2)". Insert instead "section 8 (2)". 16
[3] Schedule 1, clause 14 (4) (b) 17
Omit "section 7 (1)". Insert instead "section 8 (1)". 18
Explanatory note 19
The proposed amendments update references to a renamed Commonwealth Act and 20
renumbered provisions of that Act. 21
2.13 Election Funding, Expenditure and Disclosures Regulation 22
2009 23
[1] Clause 36 (3) (c) 24
Omit "National Institute of Accountants". 25
Insert instead "Institute of Public Accountants". 26
Page 22
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
[2] Clause 36 (3) (c) 1
Omit "Public Practice Certificate". 2
Insert instead "a Professional Practice Certificate". 3
Explanatory note 4
Item [1] of the proposed amendments updates a reference to a body. 5
Item [2] of the proposed amendments updates a reference to a certificate issued by that 6
body. 7
2.14 Environmental Planning and Assessment Act 1979 No 203 8
[1] Section 4 (1), definition of "public authority" 9
Omit "Public Sector Management Act 1988" from paragraph (d). 10
Insert instead "Public Sector Employment and Management Act 2002". 11
[2] Section 96AB (6) 12
Omit "section 97". Insert instead "section 97AA". 13
Explanatory note 14
Item [1] of the proposed amendments updates a reference to an Act. 15
Item [2] of the proposed amendments corrects a cross-reference. 16
2.15 Environmental Planning and Assessment Regulation 2000 17
[1] Clause 108 (1) 18
Omit "2 days" wherever occurring. Insert instead "14 days". 19
[2] Clause 257 20
Omit "section 82A (3) or section 96AB". Insert instead "section 82A". 21
Explanatory note 22
Item [1] of the proposed amendments updates cross-references to a period provided 23
for in other provisions. 24
Item [2] of the proposed amendments omits a redundant cross-reference and updates 25
a cross-reference to a repealed provision. 26
2.16 Fair Trading Act 1987 No 68 27
Section 8 (3) 28
Omit "section 64A". Insert instead "section 79A". 29
Explanatory note 30
The proposed amendment updates a cross-reference to a renumbered provision. 31
Page 23
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
2.17 Gunning Local Environmental Plan 1997 1
Clause 25 (3) (b) (iii) 2
Omit "identificataion". Insert instead "identification". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.18 Health Care Complaints Act 1993 No 105 6
Section 7 (1) (a) 7
Omit "section 10AM". Insert instead "section 100". 8
Commencement 9
The amendment commences, or is taken to have commenced, on the date of 10
commencement of section 100 of the Public Health Act 2010. 11
Explanatory note 12
The proposed amendment updates a cross-reference. 13
2.19 Health Practitioner Regulation (New South Wales) 14
Regulation 2010 15
[1] Clause 21 16
Omit "authorised officer". Insert instead "authorised person". 17
[2] Clause 24 (3) and (5) 18
Omit "this Law" wherever occurring. Insert instead "the Law". 19
Commencement 20
Item [1] of the amendments is taken to have commenced on 1 July 2010. 21
Explanatory note 22
Item [1] of the amendments corrects a reference to a term used to describe a person 23
authorised to exercise enforcement powers under the Health Practitioner Regulation 24
National Law (NSW). 25
Item [2] of the proposed amendments corrects typographical errors. 26
2.20 Health Services Act 1997 No 154 27
Schedule 1 28
Omit "Bathhurst" and "Blaney". 29
Insert instead "Bathurst" and "Blayney", respectively. 30
Explanatory note 31
The proposed amendment corrects typographical errors. 32
Page 24
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.21 Home Building Act 1989 No 147 1
[1] Section 22B (8), note 2
Omit "Section 64A". Insert instead "Section 79A". 3
[2] Section 61A (6) 4
Omit "section 64A". Insert instead "section 79A". 5
Explanatory note 6
The proposed amendments update cross-references to a renumbered provision. 7
2.22 Justices of the Peace Regulation 2009 8
[1] Clause 8 (2) (a) and (b) and Schedule 1, clause 5 9
Omit "Attorney General's Department" wherever occurring. 10
Insert instead "Department of Attorney General and Justice". 11
[2] Schedule 1, clause 4 (1) 12
Omit "Attorney General's Department's". 13
Insert instead "Department of Attorney General and Justice's". 14
Explanatory note 15
The proposed amendments update references to a Department. 16
2.23 Land and Environment Court Act 1979 No 204 17
Section 17 (d) 18
Insert "96," after "95A,". 19
Commencement 20
The amendment is taken to have commenced on the commencement of the Courts and 21
Other Legislation Amendment Act 2011. 22
Explanatory note 23
The proposed amendment re-inserts into a provision a cross-reference to a section that 24
was incorrectly omitted by a recent amendment updating cross-references in the 25
provision. 26
2.24 Legal Aid Commission Act 1979 No 78 27
[1] Section 4 (1), definition of "practising certificate" 28
Omit "issued under Part 3 of the Legal Profession Act 1987". 29
Insert instead "granted under Part 2.4 of the Legal Profession Act 2004". 30
Page 25
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
[2] Section 25 (4) (c) 1
Omit "Legal Profession Act 1987". 2
Insert instead "Legal Profession Act 2004". 3
[3] Section 52B (9) 4
Omit "Part 10 of the Legal Profession Act 1987". 5
Insert instead "Chapter 4 of the Legal Profession Act 2004". 6
[4] Section 63 (1) (a) 7
Omit "Division 2 of Part 6 of the Legal Profession Act 1987". 8
Insert instead "Division 7 of Part 3.1 of the Legal Profession Act 2004". 9
[5] Section 64A (4) 10
Omit "Part 6 of the Legal Profession Act 1987". 11
Insert instead "Part 3.1 of the Legal Profession Act 2004". 12
Explanatory note 13
The proposed amendments update cross-references. 14
2.25 Legal Profession Act 2004 No 112 15
[1] Section 394 (6) 16
Omit "in the Gazette". Insert instead "on the NSW legislation website". 17
[2] Section 573 (2) 18
Omit "section 606". Insert instead "section 729A". 19
Explanatory note 20
Item [1] of the proposed amendments provides for rules made by the costs assessors' 21
rules committee to be published on the NSW legislation website instead of in the 22
Gazette. 23
Item [2] of the proposed amendments updates a cross-reference. 24
2.26 Local Government Act 1993 No 30 25
[1] Section 55 (3) 26
Renumber the bullet point paragraphs consecutively starting from 27
paragraph (a). 28
Page 26
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
[2] Schedule 6, item 5A 1
Omit "the first bullet point paragraph of section 55 (3)". 2
Insert instead "section 55 (3) (a)". 3
Explanatory note 4
Item [1] of the proposed amendments updates numbering style in a provision. 5
Item [2] of the proposed amendments updates a cross-reference consequentially on 6
the amendment made by item [1]. 7
2.27 Local Government (General) Regulation 2005 8
[1] Clause 163 (1A) 9
Omit "the first bullet point paragraph of section 55 (3)". 10
Insert instead "section 55 (3) (a)". 11
[2] Clause 163 (2) 12
Omit "the final bullet point paragraph of section 55 (3)". 13
Insert instead "section 55 (3) (n)". 14
Explanatory note 15
Items [1] and [2] of the proposed amendments update cross-references and are 16
consequential on the proposed amendments to the Local Government Act 1993 made 17
elsewhere in this Schedule. 18
Item [2] of the proposed amendments also corrects a cross-reference. 19
2.28 Macquarie University By-law 2005 20
Clause 12 21
Omit "as a member". Insert instead "as members". 22
Explanatory note 23
The proposed amendment corrects a typographical error. 24
2.29 Marine Safety Act 1998 No 121 25
[1] Schedule 2, Part 1 26
Omit "Maritime Services (Amendment) Act 1981 No 76" and "Maritime 27
Services (Amendment) Act 1984 No 101". 28
Page 27
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
[2] Schedule 2, Part 2 1
Omit the matter relating to the Justices Act 1902. 2
Explanatory note 3
Item [1] of the proposed amendments omits references to Acts that are proposed to be 4
repealed elsewhere in the proposed Act. 5
Item [2] of the proposed amendments removes redundant matter. 6
2.30 Marine Safety (Commercial Vessels) Regulation 2010 7
[1] Clauses 17 (3), 19 (4) and 20 (3) 8
Omit "floatation" wherever occurring. Insert instead "flotation". 9
[2] Clause 91 (1) 10
Omit "the construction of". 11
Explanatory note 12
Item [1] of the proposed amendments standardises the spelling of a word. 13
Item [2] of the proposed amendments omits redundant words. 14
2.31 Marine Safety (General) Regulation 2009 15
Clause 5, note 16
Omit "in force on the making of this Regulation". 17
Explanatory note 18
The proposed amendment updates a note. 19
2.32 Mining Act 1992 No 29 20
[1] Sections 218B (3) and 235F (3) 21
Omit "the appropriate lodgment fee" wherever occurring. 22
Insert instead "the application fee prescribed by the regulations". 23
[2] Dictionary, definition of "appropriate lodgment fee" 24
Omit the definition. 25
Commencement 26
Item [1] of the amendments commences, or is taken to have commenced, on the 27
commencement of sections 218B and 235F of the Mining Act 1992, as inserted by 28
Schedule 1.15 to the Personal Property Securities Legislation Amendment Act 2010. 29
Explanatory note 30
The Mining Amendment Act 2008 amended the Mining Act 1992 to provide that fees 31
under that Act are to be prescribed by regulation instead of being determined by the 32
Minister. Item [1] of the proposed amendments updates uncommenced provisions of 33
the Mining Act 1992 as a consequence of that change. 34
Page 28
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
Item [2] of the proposed amendments makes a consequential amendment to omit a 1
definition that is no longer used in the Mining Act 1992. 2
2.33 National Gas (New South Wales) Act 2008 No 31 3
Section 9 (1), definitions of "adjacent area of another participating 4
jurisdiction" and "adjacent area of this jurisdiction" 5
Omit "section 7 of the Offshore Petroleum Act 2006" wherever occurring. 6
Insert instead "section 8 of the Offshore Petroleum and Greenhouse Gas 7
Storage Act 2006". 8
Explanatory note 9
The proposed amendment updates references to a renumbered provision in a renamed 10
Commonwealth Act. 11
2.34 Offshore Minerals Act 1999 No 42 12
Sections 3 (2) (a), note 4 and 35, note 2 13
Omit "Offshore Petroleum Act 2006" wherever occurring. 14
Insert instead "Offshore Petroleum and Greenhouse Gas Storage Act 2006". 15
Explanatory note 16
The proposed amendment updates references to a renamed Commonwealth Act. 17
2.35 Parramatta Local Environmental Plan 2001 18
Clause 16, zoning table 19
Omit "Coloured orange" from item 2 of the matter relating to Development in 20
the 10 Mixed Use Zone. 21
Insert instead "Coloured olive". 22
Explanatory note 23
The proposed amendment updates a map reference. 24
2.36 Passenger Transport Regulation 2007 25
[1] Clause 3 (1), paragraph (c) of the definition of "qualified accountant" 26
Omit "National Institute of Accountants". 27
Insert instead "Institute of Public Accountants". 28
Page 29
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
[2] Clause 3 (1), paragraph (c) of the definition of "qualified accountant" 1
Omit "Public Practice Certificate". 2
Insert instead "Professional Practice Certificate". 3
Explanatory note 4
Item [1] of the proposed amendments updates a reference to a body. 5
Item [2] of the proposed amendments updates a reference to a certificate issued by that 6
body. 7
2.37 Petroleum (Offshore) Act 1982 No 23 8
Section 5 (1), definition of "the Commonwealth Act" 9
Omit "Offshore Petroleum Act 2006". 10
Insert instead "Offshore Petroleum and Greenhouse Gas Storage Act 2006". 11
Explanatory note 12
The proposed amendment updates a reference to a renamed Commonwealth Act. 13
2.38 Plantations and Reafforestation (Code) Regulation 2001 14
[1] Appendix, clause 64C (2) (c) 15
Omit "to this clause". Insert instead "to subclause (3)". 16
[2] Appendix, clause 64C (3) 17
Omit "to this clause". Insert instead "to this subclause". 18
[3] Appendix, Dictionary 19
Omit "Aboriginal place (as defined in the National Parks and Wildlife Act 20
1974) means any place declared to be an Aboriginal place under section 84 of 21
that Act (which allows places to be declared to be Aboriginal places if the 22
Minister for the Environment thinks the place is or was of special significance 23
with respect to Aboriginal culture).". 24
Explanatory note 25
Items [1] and [2] of the proposed amendments correct cross-references. 26
Item [3] of the proposed amendments omits a duplicated definition. 27
Page 30
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.39 Prisoners (Interstate Transfer) Order 2010 1
Clause 6 2
Insert at the end of the clause: 3
(2) The Order made under the Act and published on 4
16 February 1996 in Gazette No 20 at page 596 is repealed. 5
Explanatory note 6
The proposed amendment repeals an Order that is redundant because of the making 7
of the Prisoners (Interstate Transfer) Order 2010. 8
2.40 Property, Stock and Business Agents Act 2002 No 66 9
Section 196 (6) 10
Omit "section 64A". Insert instead "section 79A". 11
Explanatory note 12
The proposed amendment updates a cross-reference to a renumbered provision. 13
2.41 Property, Stock and Business Agents Regulation 2003 14
Clause 43 (1) (o) 15
Omit "section 64A". Insert instead "section 79A". 16
Explanatory note 17
The proposed amendment updates a cross-reference to a renumbered provision. 18
2.42 Protection of the Environment Operations (General) 19
Regulation 2009 20
[1] Clause 84, definition of "non-pilotage vessel" 21
Omit "Part 6 of the Ports and Maritime Administration Act 1995" wherever 22
occurring. 23
Insert instead "Division 3 of Part 6 of the Marine Safety Act 1998". 24
[2] Clause 84, definition of "non-pilotage vessel" 25
Omit "pilotage exemption certificate under the Marine Pilotage Licensing Act 26
1971" from paragraph (b). 27
Insert instead "marine pilotage exemption certificate under the Marine Safety 28
Act 1998". 29
Explanatory note 30
Item [1] of the proposed amendments updates a cross-reference. 31
Item [2] of the proposed amendments updates a reference to a licence. 32
Page 31
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
2.43 Public Health Act 2010 No 127 1
Schedule 4.8 [1] 2
Omit "Division 1 or 2". Insert instead "Division 1 or 3". 3
Explanatory note 4
The proposed amendment corrects a cross-reference. 5
2.44 Residential Parks Act 1998 No 142 6
[1] Section 4, note 7
Omit the note. 8
[2] The whole Act 9
Omit "cf" references relating to the RT Act and the CRHPI Code wherever 10
occurring after section headings. 11
[3] Section 154 12
Omit the section. 13
Explanatory note 14
Item [1] of the proposed amendments omits an obsolete note. 15
Item [2] of the proposed amendments omits obsolete references. 16
Item [3] of the proposed amendments omits a section made redundant by section 81 17
of the Consumer, Trader and Tenancy Tribunal Act 2001. 18
2.45 Residential Tenancies Regulation 2010 19
Clause 25 (2) 20
Omit "a Streamline". Insert instead "an Everyday Access". 21
Explanatory note 22
The proposed amendment reflects the change of name of a bank account. 23
2.46 Retail Trading Act 2008 No 49 24
Schedule 1 25
Omit "dvd shops". Insert instead "DVD shops". 26
Explanatory note 27
The proposed amendment corrects an abbreviation. 28
Page 32
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.47 Security Industry Regulation 2007 1
Clause 14 (1) (a) 2
Omit "National Institute of Accountants". 3
Insert instead "Institute of Public Accountants". 4
Explanatory note 5
The proposed amendment updates a reference to a body. 6
2.48 Singleton Local Environmental Plan 1996 7
Clause 39A 8
Renumber clause 39 where secondly occurring as clause 39A. 9
Explanatory note 10
The proposed amendment corrects duplicated numbering. 11
2.49 State Environmental Planning Policy (Exempt and 12
Complying Development Codes) 2008 13
Clause 1.12 (2) 14
Omit "is varied". Insert instead "are varied". 15
Explanatory note 16
The proposed amendment corrects a grammatical error. 17
2.50 State Environmental Planning Policy (Infrastructure) 2007 18
[1] Clause 10 (2) and (3) 19
Omit the subclauses. 20
[2] Clause 113, definition of "telecommunications facility" 21
Omit "point equipment" from paragraph (b). 22
Insert instead "point, equipment". 23
Explanatory note 24
Item [1] of the proposed amendments removes redundant provisions relating to a 25
repealed schedule. 26
Item [2] of the proposed amendments inserts missing punctuation. 27
Page 33
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
2.51 State Environmental Planning Policy (Major Development) 1
2005 2
Schedule 3, Part 28, clause 21 3
Omit "this plan". Insert instead "this Part". 4
Explanatory note 5
The proposed amendment corrects a cross-reference. 6
2.52 State Environmental Planning Policy (Sydney Drinking 7
Water Catchment) 2011 8
Clause 4 (1), definition of "NorBE Tool" 9
Omit "Guidelines". Insert instead "Guideline". 10
Explanatory note 11
The proposed amendment corrects a typographical error. 12
2.53 Strata Schemes Management Act 1996 No 138 13
Section 24 (d1) 14
Omit "National Institute of Accountants". 15
Insert instead "Institute of Public Accountants". 16
Explanatory note 17
The proposed amendment updates a reference to a body. 18
2.54 Succession Act 2006 No 80 19
Section 93 (1) (b), note 20
Omit the note. 21
Explanatory note 22
The proposed amendment removes an inaccurate note. 23
2.55 Superannuation Act 1916 No 28 24
Schedule 26 25
Omit "Dame Edith Walker Convalescent Hospital for Men" from Part 1 of 26
Schedule 26. 27
Insert instead "Dame Eadith Walker Convalescent Hospital for Men". 28
Explanatory note 29
The proposed amendment corrects a typographical error. 30
Page 34
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.56 Valuers Act 2003 No 4 1
Section 24 (6) 2
Omit "section 64A". Insert instead "section 79A". 3
Explanatory note 4
The proposed amendment updates a cross-reference to a renumbered provision. 5
2.57 Walker Trusts Act 1938 No 31 6
Section 9A (3) 7
Omit "section 11 (e) (ii)". Insert instead "section 11 (ii)". 8
Explanatory note 9
The proposed amendment corrects a cross-reference. 10
2.58 Water Sharing Plan for the Greater Metropolitan Region 11
Groundwater Sources 2011 12
[1] Clause 23 13
Insert "of" after "commencement". 14
[2] Clause 54 (1) (b) (ii) 15
Omit "the Australian Technical Standard 4747 as may be updated or replaced 16
from time to time". 17
Insert instead "Australian Technical Specification 4747, published by 18
Standards Australia, as updated or replaced from time to time". 19
Explanatory note 20
Item [1] of the proposed amendments inserts a missing word. 21
Item [2] of the proposed amendments clarifies a reference to a document. 22
2.59 Water Sharing Plan for the Karuah River Water Source 2003 23
Clause 58 (2) (b) 24
Insert "or" after "licence,". 25
Explanatory note 26
The proposed amendment inserts a missing conjunction. 27
Page 35
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 2 Amendments by way of statute law revision
2.60 Water Sharing Plan for the Murrah-Wallaga Area 1
Unregulated and Alluvial Water Sources 2010 2
Clause 4 (1) 3
Omit "(hereafter these water sources)" where secondly occurring. 4
Explanatory note 5
The proposed amendment omits duplicated words. 6
2.61 Water Sharing Plan for the Richmond River Area 7
Unregulated, Regulated and Alluvial Water Sources 2010 8
Clause 76 (2) (i) (i) 9
Insert "is" after "it". 10
Explanatory note 11
The proposed amendment inserts a missing word. 12
2.62 Water Sharing Plan for the Towamba River Unregulated and 13
Alluvial Water Sources 2010 14
[1] Clause 42 (6) (a) (i) 15
Omit "meters". Insert instead "metres". 16
[2] Clause 65 (a) 17
Omit "this plan". Insert instead "this Plan". 18
[3] Clause 65 (d) 19
Omit "registered map". Insert instead "Registered Map". 20
Explanatory note 21
The proposed amendments correct typographical errors. 22
2.63 Water Sharing Plan for the Tweed River Area Unregulated 23
and Alluvial Water Sources 2010 24
Clause 53 (3) 25
Omit "satisfied the". Insert instead "satisfied that". 26
Explanatory note 27
The proposed amendment corrects a typographical error. 28
Page 36
Statute Law (Miscellaneous Provisions) Bill 2011
Amendments by way of statute law revision Schedule 2
2.64 Workers Compensation Act 1987 No 70 1
[1] Schedule 1, clause 2 2
Omit "Offshore Petroleum Act 2006" wherever occurring. 3
Insert instead "Offshore Petroleum and Greenhouse Gas Storage Act 2006". 4
[2] Schedule 1, clause 2 (2) (b) 5
Omit "section 7 (2)". Insert instead "section 8 (2)". 6
[3] Schedule 1, clause 2 (4) (b) 7
Omit "section 7 (1)". Insert instead "section 8 (1)". 8
Explanatory note 9
The proposed amendments update references to a renamed Commonwealth Act and 10
renumbered provisions of that Act. 11
2.65 Workers Compensation Regulation 2010 12
Schedule 6, clause 15 13
Omit "Motor Accidents Compensation Regulation 2010". 14
Insert instead "Motor Accidents Compensation Regulation 2005". 15
Commencement 16
The amendment is taken to have commenced on 1 February 2011. 17
Explanatory note 18
The proposed amendment corrects a cross-reference. 19
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Schedule 3 Amendments transferring provisions, 1
and other amendments consequential on 2
repeals 3
3.1 Baptist Churches of New South Wales Property Trust Act 4
1984 No 4 5
[1] Section 4 Definitions 6
Omit section 4 (3). Insert instead: 7
(3) The provisions of this Act, other than Schedule 4, do not affect 8
the operation of Schedule 4 (Transferred provisions--Saint 9
Andrew's Cathedral Site Agreements and Central Baptist 10
Church Act 1936). 11
[2] Schedule 4 12
Insert after Schedule 3: 13
Schedule 4 Transferred provisions--Saint 14
Andrew's Cathedral Site 15
Agreements and Central Baptist 16
Church Act 1936 17
1 Definitions 18
In this Schedule, unless the context or subject-matter otherwise 19
indicates or requires: 20
Baptist Union means the Baptist Union of New South Wales. 21
repealed Act means the Saint Andrew's Cathedral Site 22
Agreements and Central Baptist Church Act 1936. 23
trustees means the trustees of the Central Baptist Church, 24
Bathurst Street, Sydney, formerly known as the Bathurst Street 25
Baptist Church. 26
2 Vesting of lands--trusts and conditions 27
The lands vested in the trustees and more particularly described 28
in the Third Schedule to the repealed Act (as in force immediately 29
before its repeal) shall vest in the Baptist Union for an estate in 30
fee simple and shall be held by the said corporation together with 31
the building required by section 10 of that Act to be erected 32
thereon, upon the trusts and subject to the provisions and 33
conditions set out in the Fourth Schedule to that Act. 34
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3 Transferred provisions to which Interpretation Act 1987 applies 1
Clauses 1 and 2 re-enact (with minor modifications) sections 8 2
and 9 of the repealed Act and are transferred provisions to which 3
section 30A of the Interpretation Act 1987 applies. 4
3.2 Civil Liability Act 2002 No 22 5
Schedule 2 6
Insert after Schedule 1: 7
Schedule 2 Transferred provisions 8
1 Abolition of action for loss or deprivation of consortium 9
(1) A person is not liable for damages in tort on the ground that the 10
negligence, or other act or omission, of the person caused loss or 11
impairment of the consortium of a husband and wife. 12
(2) Subclause (1) re-enacts section 3 (1) of the Law Reform (Marital 13
Consortium) Act 1984 and is a transferred provision to which 14
section 30A of the Interpretation Act 1987 applies. 15
2 Abolition of tort of maintenance (including champerty) 16
(1) The tort of maintenance (including champerty) is abolished. 17
(2) This clause and clauses 5 and 6 of Schedule 3 to the Crimes Act 18
1900 do not affect any rule of law as to the cases in which a 19
contract is to be treated as contrary to public policy or as 20
otherwise illegal, whether the contract was made before or after 21
the commencement of the Maintenance, Champerty and 22
Barratry Abolition Act 1993. 23
(3) This clause re-enacts (with minor modification) sections 4 and 6 24
of the Maintenance, Champerty and Barratry Abolition Act 1993 25
and is a transferred provision to which section 30A of the 26
Interpretation Act 1987 applies. 27
Note. The crime of maintenance (including champerty) is also 28
abolished. See Schedule 3 to the Crimes Act 1900. 29
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on repeals
3.3 Competition Policy Reform (New South Wales) Act 1995 No 8 1
Schedule 1 2
Insert after section 45: 3
Schedule 1 Savings, transitional and other 4
provisions 5
1 Definition 6
In this Schedule: 7
Commonwealth Act means the Trade Practices Act 1974 of the 8
Commonwealth. 9
2 Existing authorisations 10
(1) If an authorisation granted under the Commonwealth Act is in 11
force immediately before 21 July 1996, a corresponding 12
authorisation is taken to have been also granted under the 13
Competition Code. 14
(2) Such a corresponding authorisation has the same effect for the 15
purposes of the Competition Code as the firstmentioned 16
authorisation has for the purposes of the Commonwealth Act, and 17
may be amended, revoked or otherwise dealt with under the 18
Competition Code. 19
(3) This clause does not apply in relation to an authorisation granted 20
under the Commonwealth Act if an authorisation in the same or 21
substantially the same terms has already been granted as referred 22
to in section 44 of this Act. 23
3 Existing notifications 24
(1) If a notice given under section 93 of the Commonwealth Act is in 25
force immediately before 21 July 1996, a corresponding notice is 26
taken to have been also given under section 93 of the Competition 27
Code. 28
(2) Such a corresponding notice has the same effect for the purposes 29
of the Competition Code as the firstmentioned notice has for the 30
purposes of the Commonwealth Act, and may be withdrawn or 31
otherwise dealt with under the Competition Code. 32
(3) This clause does not apply in relation to a notice given under 33
section 93 of the Commonwealth Act if a notice in the same or 34
substantially the same terms has already been given as referred to 35
in section 44 of this Act. 36
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(4) This clause applies to a notice given under section 93 (3) of the 1
Commonwealth Act, as well as to a notice given under 2
section 93 (1) of that Act. 3
4 Transferred provisions to which Interpretation Act 1987 applies 4
Clauses 13 re-enact (with minor modifications) clauses 24 of 5
the Competition Policy Reform (New South Wales) Savings and 6
Transitional Regulation 1996 and are transferred provisions to 7
which section 30A of the Interpretation Act 1987 applies. 8
3.4 Conversion of Cemeteries Act 1974 No 17 9
Schedule 3 10
Insert after Schedule 2: 11
Schedule 3 Transferred provisions relating to 12
cemetery land 13
1 Gladesville Mental Hospital Cemetery Act 1960 No 45 14
(1) Subject to the provisions hereinafter contained, the Minister for 15
Health (the Minister) may cause the remains of all persons buried 16
in the lands described in Parts 1 and 2 of the Schedule to the 17
Gladesville Mental Hospital Cemetery Act 1960 (so far as such 18
remains can by reasonable diligence be discovered or identified) 19
together with all headstones, grave enclosures and other surface 20
structures on such lands to be collected with due care and 21
removed from such lands and shall cause any such remains so 22
removed to be reverently reinterred and such headstones, grave 23
enclosures and other surface structures to be re-erected in such 24
cemetery as the Minister may determine. 25
(2) The cost of such removal, reinterment and re-erection shall be 26
borne by the Minister. 27
(3) The Minister shall cause an advertisement of the Minister's 28
intention to remove such remains, headstones, grave enclosures 29
or other surface structures under the provisions of subclause (1), 30
to be published 3 times at intervals of not less than 2 weeks in 1 or 31
more newspapers circulating in the Metropolitan Area and no 32
such remains, headstones, grave enclosures or other surface 33
structures shall be so removed before the expiration of 3 months 34
from publication of the last of such advertisements. 35
(4) (a) At any time after publication of the first advertisement 36
referred to in subclause (3) and before the expiration of 37
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3 months from publication of the last of such 1
advertisements, the representatives or any persons 2
claiming to be the representatives of any person buried in 3
the said lands may, at their own expense, remove the 4
headstone, grave enclosure or other surface structure 5
erected over the grave of such person, and may, at their 6
own expense, and with the permission of the 7
Director-General of the Department of Health, remove the 8
remains of such person to such cemetery as they may 9
desire. 10
(b) Any such representatives or any such persons claiming to 11
be such representatives shall give to the Minister for 12
Health not less than 28 days' notice of their intention. 13
(5) In this clause, a reference to the Gladesville Mental Hospital 14
Cemetery Act 1960 is a reference to that Act as in force 15
immediately before its repeal. 16
(6) Subclauses (1)(5) re-enact (with minor modifications) section 3 17
of the Gladesville Mental Hospital Cemetery Act 1960 and are 18
transferred provisions to which section 30A of the Interpretation 19
Act 1987 applies. 20
2 Methodist Church, Rockdale, Cemetery Act 1936 No 29 21
(1) The Trustees of the Methodist Church lands at Rockdale 22
described in the First Part of the Schedule to the Methodist 23
Church, Rockdale, Cemetery Act 1936 (as in force immediately 24
before its repeal) may remove any slab or tombstone erected on 25
such lands and may re-erect such of those tombstone as are 26
reasonably capable of re-erection on that portion of such lands as 27
is described in the Second Part of that Schedule. 28
(2) The said Trustees shall lay out and maintain upon the lands from 29
which such slabs and tombstones have been so removed, gardens, 30
lawns or grass plots. 31
(3) Subclauses (1) and (2) re-enact (with minor modifications) 32
section 2 (1) and (2) of the Methodist Church, Rockdale, 33
Cemetery Act 1936 and are transferred provisions to which 34
section 30A of the Interpretation Act 1987 applies. 35
3 St. Andrew's Church of England, Mayfield, Cemetery Act 1957 36
No 39 37
(1) It shall be lawful for the Trustees of Church Property for the 38
Diocese of Newcastle (hereinafter referred to as "the Trustees") 39
or such persons as may be authorised by the Trustees to use the 40
land described in the Schedule to the St. Andrew's Church of 41
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England, Mayfield, Cemetery Act 1957 (as in force immediately 1
before its repeal) for the purposes of erecting and maintaining a 2
hall, suitable monument and columbarium thereon and such other 3
purposes of the Church of England as the Trustees may determine 4
notwithstanding: 5
(a) that the said land comprises a cemetery, and 6
(b) any trusts, conditions, encumbrances or dedications 7
affecting the said land immediately before the 8
commencement of that Act. 9
(2) Subclause (1) re-enacts (with minor modifications) section 2 (1) 10
of the St. Andrew's Church of England, Mayfield, Cemetery Act 11
1957 and is a transferred provision to which section 30A of the 12
Interpretation Act 1987 applies. 13
4 St. Andrew's Presbyterian Church, Woonona, Cemetery Act 1966 14
No 6 15
(1) It shall be lawful for the Trustees or such persons as may be 16
authorised by them to use the cemetery land as a rest park or for 17
such other purposes of the Presbyterian Church of Australia in 18
the State of New South Wales as the Trustees may determine, 19
notwithstanding: 20
(a) that, immediately before the commencement of the St. 21
Andrew's Presbyterian Church, Woonona, Cemetery Act 22
1966, the cemetery land comprised a cemetery, and 23
(b) any trusts, conditions, encumbrances or dedications 24
affecting the cemetery land immediately before the 25
commencement of that Act. 26
(2) Subclause (1) re-enacts (with minor modifications) section 3 of 27
the St. Andrew's Presbyterian Church, Woonona, Cemetery Act 28
1966 and is a transferred provision to which section 30A of the 29
Interpretation Act 1987 applies. 30
5 St. Anne's Church of England, Ryde, Act 1968 No 47 31
(1) It shall be lawful for the Trust or such persons as may be 32
authorised by the Trust to use the cemetery land for the erection 33
of extensions to St. Anne's Church of England at Ryde, and the 34
construction of footpaths, driveways and car parking areas and 35
such other purposes of the St. Anne's Church of England at Ryde, 36
as the Trust may determine, notwithstanding: 37
(a) that, immediately before the commencement of the St. 38
Anne's Church of England, Ryde, Act 1968, the cemetery 39
land comprised a cemetery, and 40
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(b) any trusts, conditions, encumbrances or dedications 1
affecting the cemetery land immediately before the 2
commencement of that Act. 3
(2) Subclause (1) re-enacts (with minor modifications) section 4 of 4
the St. Anne's Church of England, Ryde, Act 1968 and is a 5
transferred provision to which section 30A of the Interpretation 6
Act 1987 applies. 7
6 St. George's Church of England, Hurstville, Cemetery Act 1961 8
No 63 9
(1) It shall be lawful for the Church of England Property Trust 10
Diocese of Sydney (hereinafter referred to as the Trust) or such 11
persons as may be authorised by the Trust to use such part of the 12
land described in the Schedule to the St. George's Church of 13
England, Hurstville, Cemetery Act 1961 (as in force immediately 14
before its repeal) as may be owned by the Trust and used as a 15
cemetery (hereinafter referred to as the said land) for the 16
purposes of erecting and maintaining a rectory and suitable 17
monument thereon and such other purposes as may be declared 18
by ordinance made under the Anglican Church of Australia Trust 19
Property Act 1917, as amended by subsequent Acts, 20
notwithstanding: 21
(a) that the said land comprises a cemetery, and 22
(b) any trusts, conditions, encumbrances or dedications 23
affecting the said land immediately before the 24
commencement of the St. George's Church of England, 25
Hurstville, Cemetery Act 1961. 26
(2) Subclause (1) re-enacts (with minor modifications) section 2 (1) 27
of the St. George's Church of England, Hurstville, Cemetery Act 28
1961 and is a transferred provision to which section 30A of the 29
Interpretation Act 1987 applies. 30
7 St. Peter's Church of England, Cook's River, Cemetery Act 1968 31
No 48 32
(1) It shall be lawful for the Trust or such persons as may be 33
authorised by the Trust to use the cemetery land for all or any of 34
the following: 35
(a) a rest park, 36
(b) a garden area, 37
(c) a recreation area, 38
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(d) such other purposes as may be declared by ordinance made 1
under the Anglican Church of Australia Trust Property Act 2
1917, as subsequently amended, 3
notwithstanding: 4
(i) that, immediately before the commencement of the 5
St. Peter's Church of England, Cook's River, Cemetery 6
Act 1968, the cemetery land comprised a cemetery, and 7
(ii) any trusts, conditions, encumbrances or dedications 8
affecting the cemetery land immediately before the 9
commencement of that Act. 10
(2) Subclause (1) re-enacts (with minor modifications) section 3 of 11
the St. Peter's Church of England, Cook's River, Cemetery Act 12
1968 and is a transferred provision to which section 30A of the 13
Interpretation Act 1987 applies. 14
3.5 Crimes Act 1900 No 40 15
Schedule 3 Abolished common law offences and rules 16
Insert after clause 4: 17
5 Maintenance (including champerty) 18
(1) The common law offence of maintenance (including champerty) 19
is abolished. 20
(2) Subclause (1) re-enacts section 3 of the Maintenance, Champerty 21
and Barratry Abolition Act 1993 and is a transferred provision to 22
which section 30A of the Interpretation Act 1987 applies. 23
Note. The tort of maintenance (including champerty) is also abolished. 24
See clause 2 of Schedule 2 to the Civil Liability Act 2002. 25
6 Common barrator 26
(1) The common law offence of being a common barrator is 27
abolished. 28
(2) Subclause (1) re-enacts section 4A of the Maintenance, 29
Champerty and Barratry Abolition Act 1993 and is a transferred 30
provision to which section 30A of the Interpretation Act 1987 31
applies. 32
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on repeals
3.6 Environmental Planning and Assessment Act 1979 No 203 1
Schedule 7 2
Insert after Schedule 6: 3
Schedule 7 Transferred provisions 4
Part 1 Botany and Randwick Sites Development 5
Act 1982 6
1 Bus depot 7
(1) The Minister may, by order published in the Gazette, declare that 8
such land within the Municipality of Botany or the Municipality 9
of Randwick or both as is specified or described in the order may 10
be developed by the Urban Transit Authority, or by any other 11
persons nominated in the order, for the purpose of a bus depot. 12
(2) Notwithstanding anything in any planning instrument or in any 13
other environmental planning instrument, the Urban Transit 14
Authority, and any other persons nominated pursuant to 15
subclause (1), or any of them, may carry out development for the 16
purpose of a bus depot, without the necessity for consent under 17
this Act being obtained therefor, on the land for the time being 18
specified or described pursuant to subclause (1). 19
(3) Subclauses (1) and (2) re-enact (with minor modifications) 20
section 7 (1) and (2) of the Botany and Randwick Sites 21
Development Act 1982 and are transferred provisions to which 22
section 30A of the Interpretation Act 1987 applies. 23
3.7 Local Government and Other Authorities (Superannuation) 24
Act 1927 No 35 25
Schedule H Savings and transitional provisions 26
Insert in columns 1 and 2 of the Table in clause 1A (1): 27
Local Government and Other Sections 6 and 7
Authorities (Superannuation)
Amendment Act 1977
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3.8 National Parks and Wildlife Act 1974 No 80 1
[1] Schedule 2 Revocation of reservation or dedication of certain land 2
Insert after Part 5: 3
Part 6 Revocations under the National Parks and 4
Wildlife (Adjustment of Areas) Act 2001 5
13 Revocation of reservation of certain land as national park or 6
nature reserve 7
(1) The reservation under this Act of land described in Schedule 1 to 8
the National Parks and Wildlife (Adjustment of Areas) Act 2001 9
(as in force immediately before its repeal) as part of the national 10
park referred to in that Schedule in relation to that land is 11
revoked. 12
(2) The dedication under this Act of land described in Schedule 2 to 13
the National Parks and Wildlife (Adjustment of Areas) Act 2001 14
(as in force immediately before its repeal) as part of the nature 15
reserve referred to in that Schedule in relation to that land is 16
revoked. 17
Note. The lands described in Schedule 1 to the National Parks and 18
Wildlife (Adjustment of Areas) Act 2001 were formerly part of the 19
following national parks: 20
(a) Blue Mountains National Park, 21
(b) Brisbane Water National Park, 22
(c) Broadwater National Park, 23
(d) Georges River National Park, 24
(e) Morton National Park, 25
(f) Mount Warning National Park, 26
(g) Myall Lakes National Park, 27
(h) Sydney Harbour National Park. 28
The lands described in Schedule 2 to the National Parks and Wildlife 29
(Adjustment of Areas) Act 2001 were formerly part of the following nature 30
reserves: 31
(a) Barren Grounds Nature Reserve, 32
(b) Brunswick Heads Nature Reserve, 33
(c) Cockle Bay Nature Reserve, 34
(d) Karuah Nature Reserve, 35
(e) Kororo Nature Reserve, 36
(f) Mundoonen Nature Reserve, 37
(g) Munghorn Gap Nature Reserve, 38
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(h) Wamberal Lagoon Nature Reserve, 1
(i) Wee Jasper Nature Reserve. 2
14 Land to vest in Minister 3
(1) On the revocation under the National Parks and Wildlife 4
(Adjustment of Areas) Act 2001 of the reservation or dedication 5
of land as national park or nature reserve, the land whose 6
reservation or dedication is so revoked (the excised land) vests in 7
the Minister administering the National Parks and Wildlife Act 8
1974 (the Minister) for an estate in fee simple, freed and 9
discharged from all trusts, obligations, estates, interests, and 10
rights of way or other easements. 11
(2) The Minister may sell, grant leases of, dispose of or otherwise 12
deal with the excised land. 13
(3) Proceeds of any dealing by the Minister with the excised land are 14
to be paid into the Fund. 15
(4) This clause is identified for the purposes of section 150. 16
(5) This subclause applies to any excised land that is part of Myall 17
Lakes National Park, Brunswick Heads Nature Reserve or 18
Karuah Nature Reserve. The Minister is not to transfer under this 19
clause any such excised land, or an interest in any such excised 20
land, for the purposes of upgrading the Pacific Highway unless 21
the Minister first enters into an agreement with the Minister for 22
Roads and Ports for the transfer of other land into the national 23
park estate as compensation for the excision of that land (being 24
other land that the first mentioned Minister is satisfied is of equal 25
or greater conservation value in terms of natural and cultural 26
heritage). 27
(6) This subclause applies to any excised land that is part of Barren 28
Grounds Nature Reserve. The Minister is not to transfer under 29
this clause any such excised land, or an interest in any such 30
excised land, to or for the benefit of an owner of adjoining land 31
unless the Minister first enters into an agreement with that owner 32
for the transfer of other land into the national park estate as 33
compensation for the excision of that land (being other land the 34
Minister is satisfied is of equal or greater conservation value in 35
terms of natural and cultural heritage). 36
(7) This subclause applies to any excised land: 37
(a) that is part of Blue Mountains National Park, Brisbane 38
Water National Park, Georges River National Park or 39
Mount Warning National Park, or 40
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(b) that is part of Kororo Nature Reserve, Munghorn Gap 1
Nature Reserve, Wamberal Lagoon Nature Reserve or 2
Wee Jasper Nature Reserve. The Minister is not to transfer 3
under this clause any such excised land, or an interest in 4
any such excised land, unless other land is first transferred 5
into the national park estate as compensation for the 6
excision of that land (being other land the Minister is 7
satisfied is of equal or greater conservation value in terms 8
of natural and cultural heritage). 9
(8) For the purposes of this clause, the national park estate comprises 10
land reserved or dedicated under this Act or land acquired by the 11
Minister under Part 11 for the purposes of its reservation or 12
dedication under this Act. 13
15 Transferred provisions to which Interpretation Act 1987 applies 14
Clauses 13 and 14 re-enact (with minor modifications) 15
sections 35 of the National Parks and Wildlife (Adjustment of 16
Areas) Act 2001 and are transferred provisions to which 17
section 30A of the Interpretation Act 1987 applies. 18
[2] Schedule 17 19
Insert after Schedule 16: 20
Schedule 17 Transferred provisions relating to 21
Eastern Gas pipeline 22
1 Definitions 23
In this Schedule: 24
Deposited Plan 864096 means the plan of that name presented to 25
the Speaker of the Legislative Assembly (by or on behalf of the 26
Member of the Assembly who introduced the Bill for this Act) 27
when the Bill was introduced into the Assembly, and also lodged 28
in the Land Titles Office. 29
Eastern Gas pipeline means the pipeline proposed to be 30
constructed or that has been constructed from Longford, Victoria, 31
to Wilton, New South Wales, for the purpose of supplying natural 32
gas. 33
reservation means a reservation of land (or deemed reservation 34
of land) under this Act. 35
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2 Exclusion of area from Morton National Park 1
(1) The reservation of land as Morton National Park is, to the extent 2
that reservation applies to the land to which this clause applies, 3
revoked. 4
(2) This clause applies to the following land: 5
(a) land comprised in the road marked Main Road 92 on 6
Deposited Plan 864096, 7
(b) Lots 1 and 3 in Deposited Plan 864096. 8
3 Addition of areas to Morton National Park 9
(1) The land to which this clause applies is reserved as part of the 10
Morton National Park under this Act. 11
(2) This clause applies to the following land: 12
(a) Lot 2 in Deposited Plan 864096, 13
(b) all that land reserved for the purposes of Main Road 92 14
immediately before the commencement of Schedule 2 to 15
the Eastern Gas Pipeline (Special Provisions) Act 1996 16
(being public road R1125-1603) and lying between 17
Portion 23 Parish of Coolumburra and Portion 8 Parish of 18
St George, between Portion 6 Parish of Tianjara and 19
Yarramunmun fire trail, and within the boundaries of that 20
part of Morton National Park formerly comprising R53657 21
for public recreation, not being land to which clause 2 22
applies or included in Lot 2 in Deposited Plan 864096. 23
4 Variation of Ettrema Wilderness Area 24
(1) The declaration of land as the Ettrema Wilderness Area is varied 25
by redefining the southern boundary of the wilderness area, 26
where it was defined immediately before the commencement of 27
Schedule 3 to the Eastern Gas Pipeline (Special Provisions) Act 28
1996 with respect to Main Road 92, as a line 80 metres north of 29
and parallel to the northern boundary of the road marked Main 30
Road 92 on Deposited Plan 864096 together with Lot 1 in 31
Deposited Plan 864096, between Tolwong Road and Portion 8, 32
Parish of St George and between Portion 1, Parish of Boolijah 33
and the eastern boundary of Morton National Park. 34
(2) The declaration of land as the Ettrema Wilderness Area is, to the 35
extent that declaration applies to land outside the boundary of the 36
Area as described in subclause (1), revoked. 37
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5 No compensation payable in respect of additional land 1
No compensation or other consideration of any kind is payable, 2
directly or indirectly, by the Minister or by any other person, to 3
any person or body for land reserved as part of Morton National 4
Park, or declared to be part of Ettrema Wilderness Area, by the 5
operation of this Schedule. 6
6 Easement for pipeline 7
(1) The Minister may grant an easement under section 153 for the 8
purposes of the construction or operation of the Eastern Gas 9
pipeline on or under land included in the Morton National Park. 10
Any such easement may be revoked or varied under that section. 11
(2) Nothing in this clause limits any power of the Minister to grant, 12
revoke or vary an easement under section 153. 13
7 Defence 14
It is a defence to a prosecution for an offence against section 98, 15
118A, 118C or 118D if the accused proves that the act 16
constituting the offence: 17
(a) was essential for the carrying out of an activity relating to 18
the construction or operation of the Eastern Gas pipeline, 19
and 20
(b) did not contravene a condition of a permit or licence 21
granted under the Pipelines Act 1967 in respect of the 22
Eastern Gas pipeline. 23
8 Transferred provisions to which Interpretation Act 1987 applies 24
Clauses 17 re-enact (with minor modifications) sections 3, 4, 25
5 (1) and 69 of, and Schedules 13 to, the Eastern Gas Pipeline 26
(Special Provisions) Act 1996 and are transferred provisions to 27
which section 30A of the Interpretation Act 1987 applies. 28
3.9 Probate and Administration Act 1898 No 13 29
Section 54 30
Insert after section 53: 31
54 Transferred provision--Court may authorise business of intestate 32
to be carried on 33
(1) Where any person has died intestate, as to any real or personal 34
estate used by the deceased at the time of the deceased's death in 35
any business, trade, or occupation, the Court may authorise the 36
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executor or administrator to postpone the realisation of the estate 1
so used, or any part thereof, for such time as the Court thinks fit, 2
and in the meantime to carry on the said business, trade, or 3
occupation, and to use therein such estate or part thereof, subject 4
to such conditions as the Court may think fit to impose. 5
(2) Subsection (1) re-enacts (with minor modifications) section 5 of 6
the Administration (Validating) Act 1900 and is a transferred 7
provision to which section 30A of the Interpretation Act 1987 8
applies. 9
3.10 Public Works Act 1912 No 45 10
[1] Section 91A 11
Insert after section 91: 12
91A Fences--transferred railway provisions 13
(1) Bungendore to Captain's Flat Railway Act 1930 14
Notwithstanding the provisions of section 91, the Constructing 15
Authority shall not be compelled, nor shall it be the duty of the 16
said Authority, to make or maintain any fence along the line of 17
railway described in the Schedule to the Bungendore to Captain's 18
Flat Railway Act 1930 (as in force immediately before its repeal) 19
for the accommodation of any person or for any purpose 20
whatsoever; but the said Authority may, in its discretion, make 21
and maintain such fences in connection with the said line of 22
railway as it may think fit. 23
(2) Coonabarabran to Burren Junction Railway Act 1913 24
Notwithstanding the provisions of section 91, the Constructing 25
Authority shall not be compelled, nor shall it be the duty of the 26
said authority to make or maintain any fence along the line of 27
railway described in the Schedule to the Coonabarabran to 28
Burren Junction Railway Act 1913 (as in force immediately 29
before its repeal) for the accommodation of any person or for any 30
purpose whatsoever; but the said Authority may, in his discretion, 31
make and maintain such fences in connection with the said line 32
of railway as he may think fit. 33
(3) Newcastle Islands Development Scheme Railway Act 1966 34
Notwithstanding the provisions of section 91, the Commissioner 35
for Railways as constructing authority shall not be compelled nor 36
shall it be the duty of the Commissioner for Railways as 37
constructing authority to make or maintain, for the 38
accommodation of any person or for any purpose whatsoever, 39
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on repeals
any fence along that portion of the work described in the 1
Schedule to the Newcastle Islands Development Scheme Railway 2
Act 1966 (as in force immediately before its repeal) extending 3
from the northern bank of the South Channel of the Hunter River 4
to the point adjacent to wharves to be constructed at Rotten Row; 5
but the Commissioner for Railways may, in the Commissioner's 6
discretion, make and maintain such fences in connection with 7
that portion of the said work as the Commissioner may think fit. 8
(4) Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 9
Notwithstanding the provisions of section 91, the Constructing 10
Authority shall not be compelled, nor shall it be the duty of the 11
said Authority, to make or maintain any fence along the line of 12
railway described in the Schedule to the Sandy Hollow, via 13
Gulgong, to Maryvale Railway Act 1927 (as in force immediately 14
before its repeal) for the accommodation of any person or for any 15
purpose whatsoever; but the said Authority may, in its discretion, 16
make and maintain such fences in connection with the said line 17
of railway as it may think fit. 18
(5) Whittingham to Mount Thorley Railway Act 1975 19
Notwithstanding the exclusion by subsection (3) of the 20
Whittingham to Mount Thorley Railway Act 1975 (as in force 21
immediately before its repeal) of the provisions of section 91 (b) 22
to and in respect of the scheduled work (within the meaning of 23
that Act as in force immediately before its repeal), the 24
Commission may in its discretion make and maintain such fences 25
in connection with that scheduled work as it thinks fit. 26
(6) Wyalong towards Condobolin Railway Act 1923 27
Notwithstanding the provisions of section 91, the Constructing 28
Authority shall not be compelled, nor shall it be the duty of the 29
said Authority to make or maintain any fence along the line of 30
railway described in the Schedule to the Wyalong towards 31
Condobolin Railway Act 1923 (as in force immediately before its 32
repeal) for the accommodation of any person or for any purpose 33
whatsoever; but the said Authority may, in its discretion, make 34
and maintain such fences in connection with the said line of 35
railway as it may think fit. 36
(7) Subsections (1)(6), respectively, re-enact (with minor 37
modifications) the following provisions and are transferred 38
provisions to which section 30A of the Interpretation Act 1987 39
applies: 40
(a) section 6 of the Bungendore to Captain's Flat Railway Act 41
1930, 42
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on repeals
(b) section 6 of the Coonabarabran to Burren Junction 1
Railway Act 1913, 2
(c) section 8 of the Newcastle Islands Development Scheme 3
Railway Act 1966, 4
(d) section 6 of the Sandy Hollow, via Gulgong, to Maryvale 5
Railway Act 1927, 6
(e) section 5 (4) of the Whittingham to Mount Thorley Railway 7
Act 1975, 8
(f) section 6 of the Wyalong towards Condobolin Railway Act 9
1923. 10
[2] Ninth Schedule 11
Omit the heading to the Ninth Schedule. Insert instead: 12
Ninth Schedule Savings, transitional and other 13
provisions 14
[3] Ninth Schedule 15
Insert after clause 3: 16
Transferred provisions--Railways 17
4 Maintenance of roads and bridges 18
The provisions listed in the following Table are taken to have 19
been transferred to this Act and to be transferred provisions to 20
which section 30A of the Interpretation Act 1987 applies. 21
Table
Column 1 Column 2
Great Northern Railway Deviation (Singleton to Section 6
Nundah) Act 1951
Newcastle Islands Development Scheme Railway Act Section 7
1966
Railway Construction (East Hills to Campbelltown) Act Section 10
1983
Sutherland to Cronulla Railway Act 1936 Section 6
Whittingham to Mount Thorley Railway Act 1975 Section 10
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on repeals
3.11 State Bank (Corporatisation) Act 1989 No 195 1
Schedule 1 2
Insert after section 22: 3
Schedule 1 Savings, transitional and other 4
provisions 5
1 Corporation may act in own name or in name of State Bank 6
(1) On and from: 7
(a) the commencement of the order under section 9 8
transferring the business undertaking of the State Bank to 9
the Corporation, and 10
(b) the dissolution of the State Bank, 11
the Corporation may, in connection with that business 12
undertaking, act in its own name as the universal successor of the 13
State Bank or (if necessary) act in the name of the State Bank. 14
(2) Subclause (1) applies for all purposes, including for the purpose 15
of the rules of private international law. 16
(3) Without limiting subclause (1), the Corporation may act in the 17
name of the State Bank if it is necessary to do so under the law of 18
any country to perfect the transfer of any asset, right or liability 19
comprised in the business undertaking or to take legal 20
proceedings in connection with any such asset, right or liability. 21
(4) For the purposes of this clause, the Corporation is authorised to 22
use the seal of the State Bank. 23
2 Preservation of full-time director's superannuation rights 24
(1) This clause applies to a full-time director of the Corporation who, 25
immediately before becoming such a director: 26
(a) was a full-time director of the State Bank, or 27
(b) was an employee of the Corporation who, immediately 28
before becoming such an employee, was an officer or 29
employee of the State Bank. 30
(2) A full-time director to whom this clause applies: 31
(a) may continue to contribute to any superannuation scheme 32
to which he or she was a contributor immediately before 33
becoming such a director, and 34
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Schedule 3 Amendments transferring provisions, and other amendments consequential
on repeals
(b) is entitled to receive any payment, pension or gratuity 1
accrued or accruing under the scheme, 2
as if he or she had continued to be such a contributor during 3
service as a full-time director with the Corporation. 4
(3) Such service with the Corporation is to be taken to be service as 5
an officer in his or her previous employment (under which the 6
entitlement to contribute to the scheme arose) for the purposes of 7
any law under which the full-time director continues to contribute 8
to the scheme or by which an entitlement under the scheme is 9
conferred. 10
(4) The full-time director is to be regarded as an officer or employee, 11
and the Corporation is to be regarded as the employer, for the 12
purposes of the scheme. 13
(5) This clause ceases to apply to the full-time director if he or she 14
becomes a contributor to another superannuation scheme, but the 15
director is not prevented from receiving a resignation benefit 16
from the first superannuation scheme. 17
(6) A full-time director is not entitled to claim, under both this clause 18
and any Act, dual benefits of the same kind for the same period 19
of service. 20
(7) This clause applies to a full-time director referred to in 21
subclause (1) (b) only if he or she was a contributor to the same 22
superannuation scheme during the whole of the period during 23
which he or she was an employee of the Corporation. 24
(8) In this clause: 25
superannuation scheme means a scheme, fund or arrangement 26
under which any superannuation or retirement benefits are 27
provided and which is established by or under an Act. 28
3 Transferred provisions to which Interpretation Act 1987 applies 29
Clauses 1 and 2 re-enact (with minor modifications) clauses 5 30
and 8 of the State Bank (Corporatisation) Savings and 31
Transitional Regulation 1990 and are transferred provisions to 32
which section 30A of the Interpretation Act 1987 applies. 33
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Statute Law (Miscellaneous Provisions) Bill 2011
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on repeals
3.12 State Records Act 1998 No 17 1
Section 78A 2
Insert after section 78: 3
78A Transferred provision--Olympic Environmental Legacy Archive 4
(1) The Authority is to maintain the documents deposited under 5
section 22 of the Sydney 2000 Games Administration Act 2000 6
(as in force immediately before its repeal) as a discrete part of the 7
State archives, under the name of "The Olympic Environmental 8
Legacy Archive". 9
(2) This Act applies to and in respect of the documents deposited 10
under that section as if those documents were State records no 11
longer in use for official purposes within the meaning of this Act. 12
(3) Subsections (1) and (2) re-enact (with minor modifications) 13
section 23 of the Sydney 2000 Games Administration Act 2000. 14
Subsections (1) and (2) are transferred provisions to which 15
section 30A of the Interpretation Act 1987 applies. 16
3.13 Subordinate Legislation Act 1989 No 146 17
Schedule 4 Excluded instruments 18
Omit item 26. 19
3.14 Superannuation Legislation Amendment (Family Law) Act 20
2003 No 77 21
Schedule 2 Amendment of Judges' Pensions Act 1953 No 41 22
Omit the definitions of First State Superannuation Fund and FTC from 23
proposed section 15A of the Judges' Pensions Act 1953 No 41 in 24
Schedule 2 [2]. 25
Insert instead, respectively: 26
First State Superannuation Fund has the same meaning as 27
Fund has in the First State Superannuation Act 1992. 28
FTC has the same meaning as in the First State Superannuation 29
Act 1992. 30
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on repeals
3.15 Transport Administration Act 1988 No 109 1
Schedule 10 2
Insert after Schedule 9: 3
Schedule 10 Transferred provisions--Tocumwal 4
Railway Extension Act 1906 5
1 Authority for construction and maintenance of line by Government 6
of the State of Victoria 7
The Government of the State of Victoria may construct and 8
maintain a line of railway and other works incidental thereto from 9
a point on the flood channel or flats of the river Murray to 10
Tocumwal, in the State of New South Wales, a distance of 11
approximately two miles (which said line is more fully described 12
in Schedule Two to the 1906 Act), and for that purpose may 13
occupy and use any land appropriated, resumed, or acquired by 14
the Secretary for Public Works as provided by section 4 of the 15
1906 Act. 16
2 Ratification of agreement 17
The agreement, a copy of which is set out in Schedule One to the 18
1906 Act, is hereby ratified and confirmed. 19
Note. The agreement, entered into by the States of New South Wales 20
and Victoria, contains provisions that may have ongoing effect. These 21
provisions include clause 6, which provides that the State of Victoria is 22
to bear the cost of maintaining and working both the line authorised to 23
be extended from Victoria to Tocumwal, New South Wales and the 24
Tocumwal bridge. 25
3 Meaning of "1906 Act" 26
In this Schedule, the 1906 Act means the Tocumwal Railway 27
Extension Act 1906 as in force immediately before its repeal. 28
4 Transferred provisions to which Interpretation Act 1987 applies 29
Clauses 13 re-enact (with minor modifications) sections 2 and 3 30
of the Tocumwal Railway Extension Act 1906 and are transferred 31
provisions to which section 30A of the Interpretation Act 1987 32
applies. 33
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Statute Law (Miscellaneous Provisions) Bill 2011
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on repeals
3.16 Trustee Act 1925 No 14 1
[1] Section 43 Maintenance and accumulation--instruments that came into 2
operation on or after 1 March 1926 3
Insert "by this Act" after "Trustee Act 1898" in section 43 (11). 4
[2] Section 43 (11), note 5
Insert after section 43 (11): 6
Note. This Act repealed all of the provisions of the Trustee Act 1898 (the 7
1898 Act), other than section 1 (Name of Act) and section 18. The above 8
subsection limited the ongoing application of section 18 of the 1898 Act 9
to any instrument creating a trust where the instrument came into 10
operation before 1 March 1926. Section 43A contains provisions 11
transferred from section 18 of the 1898 Act by the Statute Law 12
(Miscellaneous Provisions) Act 2011. 13
[3] Section 43A 14
Insert after section 43: 15
43A Maintenance and accumulation--instruments that came into 16
operation before 1 March 1926 17
(1) Subsections (2)(5) re-enact (with minor modification) 18
section 18 of the Trustee Act 1898 and are transferred provisions 19
to which section 30A of the Interpretation Act 1987 applies. 20
(2) In all cases where any property is held by trustees in trust for an 21
infant, either absolutely or contingently on his or her attaining the 22
age of 21 years, or on the occurrence of any event previously to 23
his or her attaining that age, such trustees may pay to the guardian 24
(if any) of such infant, or may otherwise apply for or towards the 25
maintenance or education of such infant, the whole or any part of 26
the income to which such infant may be entitled in respect of such 27
property, whether there be any other fund applicable to the same 28
purpose or any other person bound by law to provide for such 29
maintenance or education or not, and such trustees shall 30
accumulate all the residue of such income by way of compound 31
interest by investing the same, and the resulting income thereof 32
from time to time, in proper securities for the benefit of the 33
person who shall ultimately become entitled to the property from 34
which such accumulation has arisen: 35
(3) Provided that such trustees may at any time apply the whole or 36
any part of such accumulations as if the same were part of the 37
income arising in the then current year. 38
Note. Subsections (2) and (3) re-enact section 18 (1) and (2) of the 39
Trustee Act 1898 (the 1898 Act) and, as provided by subsection (1), are 40
transferred provisions to which section 30A of the Interpretation Act 41
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Schedule 3 Amendments transferring provisions, and other amendments consequential
on repeals
1987 applies. They were transferred by the Statute Law (Miscellaneous 1
Provisions) Act 2011 to enable the repeal of the 1898 Act. On the 2
commencement of this Act on 1 March 1926, those provisions were 3
repealed by the Schedule to this Act, except to the extent provided by 4
section 43 (11). As a result they applied only where the instrument 5
creating the trust came into operation before that date. 6
(4) The power conferred by subsection (2) extends to the payment, 7
after the commencement of the Minors (Property and Contracts) 8
Act 1970, of income to an infant who has reached the age of 9
18 years, but this section does not limit the generality of 10
subsection (1). 11
(5) This section does not affect such right as an infant may have in 12
consequence of the Minors (Property and Contracts) Act 1970, 13
upon reaching the age of 18 years or otherwise, to call for 14
payment or transfer of property to which he or she is absolutely 15
entitled. 16
3.17 Workers Compensation Act 1987 No 70 17
Schedule 6 Savings, transitional and other provisions 18
Insert after clause 6 of Part 19 of Schedule 6: 19
7 Provision transferred from Workers' Compensation (Brucellosis) 20
Act 1979 21
(1) Any certificate issued as referred to in a provision of the 22
Workers' Compensation (Brucellosis) Act 1979 (the 1979 Act) 23
and: 24
(a) in force immediately before the date of the repeal of that 25
provision effected by section 41 of the 1979 Act as in force 26
before the commencement of the Workers' Compensation 27
(Brucellosis) Revival and Amendment Act 1986, or 28
(b) in force immediately before the date of the repeal of that 29
provision effected by section 41 of the 1979 Act as in force 30
after that commencement, 31
shall continue to have force and effect as if that repeal had not 32
been effected. 33
Note. Parts 25 of the 1979 Act were repealed on 1 January 1985 by 34
section 41 of that Act as originally enacted. Paragraph (a) saves relevant 35
certificates in force immediately before that date. 36
Parts 25 of the 1979 Act were revived by the Workers' Compensation 37
(Brucellosis) Revival and Amendment Act 1986. Those revived 38
provisions were repealed on 1 July 1988. Paragraph (b) saves relevant 39
certificates in force immediately before that date. 40
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(2) Subclause (1) re-enacts (with minor modification) section 39 (2) 1
of the 1979 Act. Subclause (1) is a transferred provision to which 2
section 30A of the Interpretation Act 1987 applies. 3
Note. The transfer enabled the repeal of the 1979 Act by the Statute Law 4
(Miscellaneous Provisions) Act 2011. 5
Explanatory note 6
Schedule 3.13.6, 3.83.12 and 3.153.17 insert the substance of provisions (of 7
possible ongoing effect) of Acts and instruments repealed by clause 4 of Schedule 4 8
into various Acts. In accordance with section 30A of the Interpretation Act 1987, the 9
transfer of the provisions does not affect the operation (if any) or meaning of the 10
provisions. In particular: 11
(a) section 5 of the Administration (Validating) Act 1900 is transferred to the 12
Probate and Administration Act 1898, and 13
(b) section 7 (1) and (2) of the Botany and Randwick Sites Development Act 1982 14
are transferred to the Environmental Planning and Assessment Act 1979, and 15
(c) certain provisions of the following Acts are transferred to the Public Works Act 16
1912: 17
(i) Bungendore to Captain's Flat Railway Act 1930, 18
(ii) Coonabarabran to Burren Junction Railway Act 1913, 19
(iii) Great Northern Railway Deviation (Singleton to Nundah) Act 1951, 20
(iv) Newcastle Islands Development Scheme Railway Act 1966, 21
(v) Railway Construction (East Hills to Campbelltown) Act 1983, 22
(vi) Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927, 23
(vii) Sutherland to Cronulla Railway Act 1936, 24
(viii) Whittingham to Mount Thorley Railway Act 1975, 25
(ix) Wyalong towards Condobolin Railway Act 1923, and 26
(d) clauses 24 of the Competition Policy Reform (New South Wales) Savings and 27
Transitional Regulation 1996 are transferred to the Competition Policy Reform 28
(New South Wales) Act 1995, and 29
(e) sections 3, 4, 5 (1) and 69 of, and Schedules 13 to, the Eastern Gas Pipeline 30
(Special Provisions) Act 1996 are transferred to the National Parks and Wildlife 31
Act 1974, and 32
(f) certain provisions of the following Acts are transferred to the Conversion of 33
Cemeteries Act 1974: 34
(i) Gladesville Mental Hospital Cemetery Act 1960, 35
(ii) Methodist Church, Rockdale, Cemetery Act 1936, 36
(iii) St. Andrew's Church of England, Mayfield, Cemetery Act 1957, 37
(iv) St. Andrew's Presbyterian Church, Woonona, Cemetery Act 1966, 38
(v) St. Anne's Church of England, Ryde, Act 1968, 39
(vi) St. George's Church of England, Hurstville, Cemetery Act 1961, 40
(vii) St. Peter's Church of England, Cook's River, Cemetery Act 1968, and 41
(g) section 3 (1) of the Law Reform (Marital Consortium) Act 1984 and sections 4 42
and 6 of the Maintenance, Champerty and Barratry Abolition Act 1993 are 43
transferred to the Civil Liability Act 2002, and 44
(h) sections 3 and 4A of the Maintenance, Champerty and Barratry Abolition Act 45
1993 are transferred to the Crimes Act 1900, and 46
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Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 3 Amendments transferring provisions, and other amendments consequential
on repeals
(i) sections 35 of the National Parks and Wildlife (Adjustment of Areas) Act 2001 1
are transferred to the National Parks and Wildlife Act 1974, and 2
(j) sections 8 and 9 of the Saint Andrew's Cathedral Site Agreements and Central 3
Baptist Church Act 1936 are transferred to the Baptist Churches of New South 4
Wales Property Trust Act 1984, and 5
(k) clauses 5 and 8 of the State Bank (Corporatisation) Savings and Transitional 6
Regulation 1990 are transferred to the State Bank (Corporatisation) Act 1989, 7
and 8
(l) section 23 of the Sydney 2000 Games Administration Act 2000 is transferred to 9
the State Records Act 1998, and 10
(m) sections 2 and 3 of the Tocumwal Railway Extension Act 1906 are transferred 11
to the Transport Administration Act 1988, and 12
(n) section 18 of the Trustee Act 1898 is transferred to the Trustee Act 1925, and 13
(o) section 39 (2) of the Workers' Compensation (Brucellosis) Act 1979 is 14
transferred to the Workers Compensation Act 1987. 15
Schedule 3.7 enables the repeal of the Local Government and Other Authorities 16
(Superannuation) Amendment Act 1977 (the 1977 Act) by clause 2 of Schedule 4. In 17
particular, it amends the Local Government and Other Authorities (Superannuation) 18
Act 1927 to add savings provisions contained in the1977 Act to a list of other provisions 19
that are taken to be transferred provisions to which section 30A of the Interpretation Act 20
1987 applies. 21
Schedule 3.13 makes an amendment to the Subordinate Legislation Act 1989 that is 22
consequential on the repeal of the Royal Blind Society (Corporate Conversion) Act 23
2003 by clause 1 of Schedule 4. 24
The amendment to the Superannuation Legislation Amendment (Family Law) Act 2003 25
(the 2003 Act) by Schedule 3.14 enables the repeal of the First State Superannuation 26
Legislation Amendment (Conversion) Act 2005 (the 2005 Act) by clause 1 of 27
Schedule 4. The 2005 Act contains only formal provisions and amendments to an 28
uncommenced provision (section 15A of the Judges' Pensions Act 1953) that is 29
inserted by the 2003 Act. The amendment transfers to the 2003 Act the substance of 30
those amendments. 31
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Statute Law (Miscellaneous Provisions) Bill 2011
Repeals Schedule 4
Schedule 4 Repeals 1
1 Repeal of redundant Acts, instruments and provisions 2
The following Acts and instruments, or provisions of Acts, are repealed: 3
Act or instrument Provisions repealed
Australian Iron & Steel Limited Agreement Whole Act
Ratification Act 1936 No 36
Bega Cemetery Act 1943 No 37 Whole Act
Blue Mountains Land Development (Special Whole Act
Provisions) Act 1985 No 55
Bungendore to Captain's Flat Railway Whole Act
Agreement Ratification Act 1937 No 25
Business Franchise Licences (Repeal) Act 1997 Whole Act
No 109
Campbelltown Presbyterian Cemetery Act 1984 Whole Act
No 19
Canowindra to Gregra Railway Act 1924 No 54 Whole Act
Carlingford Drainage Improvement (Land Whole Act
Exchange) Act 1992 No 68
Chaffey Dam Act 1974 No 60 Whole Act
Circular Quay Land Act 1890 54 Vic No 24 Whole Act
Clyde Waste Transfer Terminal (Special Whole Act
Provisions) Act 2003 No 88
Coal Mining Industry Long Service Leave Whole Act
(Repeal) Act 1992 No 82
Commonwealth and State Housing Agreement Whole Act
Act 1946 No 19
Commonwealth and State Housing Agreement Whole Act
Act 1955 No 41
Commonwealth Loans (Investment Enabling) Whole Act
Act 1915 No 63
Competition Policy Reform (New South Wales) Whole Regulation
Regulation 2008
Constitutional Legislation (Repeal) Act 1985 Whole Act
No 110
Conveyancing Act 1919 No 6 Section 155
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Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 4 Repeals
Act or instrument Provisions repealed
Coomealla Irrigation Area Deep Drainage Whole Act
(Repeal) Act 1979 No 162
Country Towns Water and Sewerage (Reduction Whole Act
of Debts) Act 1922 No 27
Country Towns Water Supply and Sewerage Whole Act
(Debts) Act 1937 No 32
Darling Harbour Wharves Resumption Act Whole Act
1900 No 10
Dartmouth Reservoir (Financial Agreement) Whole Act
Act 1970 No 30
Destitute Children's Society (Vesting) Act 1916 Whole Act
No 82
East Maitland Pasturage Reserve (Divesting) Whole Act
Act 1937 No 24
Evans Head Harbour Works Act 1960 No 44 Whole Act
Financial Agreement (Returned Soldiers Whole Act
Settlement) Ratification Act 1935 No 1
First State Superannuation Legislation Whole Act
Amendment (Conversion) Act 2005 No 91
Funeral Services Industry (Days of Operation) Whole Act
Repeal Act 2000 No 14
Gilgandra to Collie Railway Act 1915 No 47 Whole Act
Glen Innes to Inverell Railway Act 1950 No 7 Whole Act
Guyra to Dorrigo Railway Act 1928 No 15 Whole Act
Housing Agreement Act 1956 No 35 Whole Act
Housing Agreement Act 1961 No 39 Whole Act
Housing Agreement Act 1966 No 40 Whole Act
Housing Agreement Act 1973 No 57 Whole Act
Housing Agreement Act 1974 No 90 Whole Act
Housing Agreement Act 1978 No 149 Whole Act
Housing Agreement Act 1981 No 129 Whole Act
Housing Agreement Act 1985 No 32 Whole Act
Inverell to Ashford Railway Act 1927 No 27 Whole Act
Junee Water Supply Administration (Repeal) Whole Act
Act 1982 No 139
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Statute Law (Miscellaneous Provisions) Bill 2011
Repeals Schedule 4
Act or instrument Provisions repealed
Kooragang Coal Terminal (Special Provisions) Whole Act
Act 1997 No 138
Lady Edith Carpenter Land Vesting Act 1937 Whole Act
No 6
Law Courts Limited Act 1977 No 10 Whole Act
Local Court (Savings and Transitional) Whole Regulation
Regulation 2009
Local Government Areas Amalgamation Act Whole Act
1980 No 110
Local Government (City of Sydney Boundaries) Whole Act
Act 1967 No 48
Moore-street Improvement Act of 1890 54 Vic Whole Act
No 30
Moss Vale--Port Kembla Railway Agreement Whole Act
Ratification Act 1927 No 21
New South Wales Investment Corporation (Sale) Whole Act
Act 1988 No 50
Newcastle (Miscellaneous Lands) Act 1979 Whole Act
No 140
Parliamentary Remuneration (Special Whole Act
Provisions) Act 1982 No 158
Parramatta River (Ryde to Concord) Bridge Act Whole Act
1931 No 9
Police Powers (Drug Detection Trial) Act 2003 Whole Act
No 28
Port Kembla Development (Special Provisions) Whole Act
Act 1997 No 40
Public Servant Housing Authority (Dissolution) Whole Act
Act 1996 No 14
Rand to Bull Plain Railway Act 1924 No 60 Whole Act
Royal Blind Society (Corporate Conversion) Whole Act
Act 2003 No 64
Royal Blind Society (Merger) Act 2005 No 87 Section 5
St. Anne's Church of England (Ryde) Cemetery Whole Act
Act 1940 No 9
South-west Tablelands Water Supply Whole Act
Administration (Repeal) Act 1997 No 114
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Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 4 Repeals
Act or instrument Provisions repealed
Sports Drug Testing Act 1995 No 45 Whole Act
State Environmental Planning (Permissible Whole Act
Mining) Act 1996 No 27
Statute Law (Miscellaneous Provisions) Act Schedule 5
2009 No 56
Statute Law (Miscellaneous Provisions) Act Whole Act
2010 No 59
Statute Law (Miscellaneous Provisions) Act Schedule 4
(No 2) 2008 No 114
Statute Law (Miscellaneous Provisions) Act Schedule 6
(No 2) 2009 No 106
Subordinate Legislation (Repeal) Act 1985 Whole Act
No 232
Summary Offences (Repeal) Act 1979 No 62 Whole Act
Sydney to Melbourne Railway Standardisation Whole Act
Agreement Act 1958 No 48
Thirlmere to Burragorang Railway Act 1951 Whole Act
No 28
Tocumwal Railway Extension (Supplementary Whole Act
Agreement Ratification) Act 1978 No 71
Totalizator Agency Board Privatisation Whole Regulation
Transitional Regulation 1998
Water Management (Private Water Trusts-- Whole Regulation
General) Savings and Transitional Regulation
1995
2 Repeal of amending Acts, instruments and provisions that have 1
commenced 2
The following Acts or instruments, or provisions of Acts or instruments, 3
are repealed: 4
Act Provisions repealed
Combat Sports Act 2008 No 116 Section 76 and Schedule 2
Conveyancers Licensing Act 2003 No 3 Section 170 and
Schedule 2
Drug and Alcohol Treatment Act 2007 No 7 Section 56 and Schedule 4
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Statute Law (Miscellaneous Provisions) Bill 2011
Repeals Schedule 4
Act Provisions repealed
Environmental Planning and Assessment Schedules 1, 2.1 [16],
Amendment Act 2008 No 36 4.1 [28] and [30], 5.1 [2],
5.2, 5.4 [4][7]
Fisheries Management (Lobster Share Clause 3
Management Plan) Regulation 2000
Land Development Contribution Management Part 10
Act 1970 No 22
Local Government and Other Authorities Whole Act
(Superannuation) Amendment Act 1977 No 46
Local Government (Town and Country Whole Act
Planning) Amendment Act 1962 No 7
Maritime Services (Amendment) Act 1981 Whole Act
No 76
Maritime Services (Amendment) Act 1984 Whole Act
No 101
Mining Amendment Act 2008 No 19 Schedules 1 [1][15],
[17][19], [23][26],
[29][31], [33], [34], [36],
[39], [40], [43][50], [52],
[53], [55], [59], [60], [63],
[65][67], [72][77], [79],
[80], [83], [84], [86], [87],
[89][95], [100],
[102][115], [119], [120],
[123], [124], [126],
[128][132], [135][137],
[139], [140], [144][146],
[150], [151], [153], [154],
[156][158], [160][171],
[173], [176], [179][181],
[184][187], [189], [190],
[192], [193], [195], [198],
[201], [205][212], [214],
[216], [219][221], [223],
[224], [226], [227], [230],
[236], [239], [241][243],
[245], [246A], [246B],
[251], [253], [254], [257],
[259], [263], [264],
[270][272], [274], [275],
[281][284], 2.12.4 and
2.7
National Parks and Wildlife (Adjustment of Section 9 and Schedule 3
Areas) Act 2005 No 27
Page 67
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 4 Repeals
Act Provisions repealed
Property, Stock and Business Agents Act 2002 Section 228 and
No 66 Schedule 2
Public Health (Tobacco) Act 2008 No 94 Schedule 2.12.3
State Environmental Planning Policy Whole Policy
(Affordable Rental Housing) Amendment 2011
Statute Law (Miscellaneous Provisions) Act Schedules 1.13 [1][6], [8]
2009 No 56 and [9] and 24
Statute Law (Miscellaneous Provisions) Act Schedules 1.8 [7], 1.12 [1],
(No 2) 2008 No 114 [2] and [7][9], 2.32 [1]
and 3
Statute Law (Miscellaneous Provisions) Act Schedules 25
(No 2) 2009 No 106
Superannuation Legislation Amendment Schedules 57 and 1012
(Family Law) Act 2003 No 77
3 Repeal of uncommenced Acts and provisions that cannot be 1
commenced either because they amend Acts, instruments or provisions 2
that have since been repealed or for other reasons 3
The following Acts or provisions of Acts are repealed: 4
Act Provisions repealed
Coal Mine Health and Safety Amendment Act Schedule 3.5
2010 No 23
Environmental Planning and Assessment Schedule 5.3
Amendment Act 2008 No 36
Superannuation Legislation Amendment Schedule 1
(Family Law) Act 2003 No 77
WorkCover Legislation Amendment Whole Act
Act 1996 No 120
Workers Compensation Legislation Amendment Schedule 3.2
(Miscellaneous Provisions) Act 2005 No 113
Page 68
Statute Law (Miscellaneous Provisions) Bill 2011
Repeals Schedule 4
4 Repeal of Acts and instruments whose provisions are transferred by 1
Schedule 3 2
The following Acts and instruments are repealed: 3
Act or instrument Provisions repealed
Administration (Validating) Act 1900 No 38 Whole Act
Botany and Randwick Sites Development Act Whole Act
1982 No 99
Bungendore to Captain's Flat Railway Act 1930 Whole Act
No 23
Competition Policy Reform (New South Wales) Whole Regulation
Savings and Transitional Regulation 1996
Coonabarabran to Burren Junction Railway Whole Act
Act 1913 No 12
Eastern Gas Pipeline (Special Provisions) Act Whole Act
1996 No 126
Gladesville Mental Hospital Cemetery Act 1960 Whole Act
No 45
Great Northern Railway Deviation (Singleton Whole Act
to Nundah) Act 1951 No 37
Law Reform (Marital Consortium) Act 1984 Whole Act
No 38
Maintenance, Champerty and Barratry Whole Act
Abolition Act 1993 No 88
Methodist Church, Rockdale, Cemetery Act Whole Act
1936 No 29
National Parks and Wildlife (Adjustment of Whole Act
Areas) Act 2001 No 49
Newcastle Islands Development Scheme Whole Act
Railway Act 1966 No 28
Railway Construction (East Hills to Whole Act
Campbelltown) Act 1983 No 111
Saint Andrew's Cathedral Site Agreements and Whole Act
Central Baptist Church Act 1936 No 15
St. Andrew's Church of England, Mayfield, Whole Act
Cemetery Act 1957 No 39
St. Andrew's Presbyterian Church, Woonona, Whole Act
Cemetery Act 1966 No 6
Page 69
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 4 Repeals
Act or instrument Provisions repealed
St. Anne's Church of England, Ryde, Act 1968 Whole Act
No 47
St. George's Church of England, Hurstville, Whole Act
Cemetery Act 1961 No 63
St. Peter's Church of England, Cook's River, Whole Act
Cemetery Act 1968 No 48
Sandy Hollow, via Gulgong, to Maryvale Whole Act
Railway Act 1927 No 28
State Bank (Corporatisation) Savings and Whole Regulation
Transitional Regulation 1990
Sutherland to Cronulla Railway Act 1936 No 39 Whole Act
Sydney 2000 Games Administration Act 2000 Whole Act
No 81
Tocumwal Railway Extension Act 1906 No 57 Whole Act
Trustee Act 1898 No 4 Whole Act
Whittingham to Mount Thorley Railway Act Whole Act
1975 No 51
Workers' Compensation (Brucellosis) Act 1979 Whole Act
No 116
Wyalong towards Condobolin Railway Act 1923 Whole Act
No 47
Page 70
Statute Law (Miscellaneous Provisions) Bill 2011
General savings, transitional and other provisions Schedule 5
Schedule 5 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1, 2 or 3 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1, 2 or 3 amendment concerned, taken 6
to have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter), will 26
be taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
any act done or decision made under the provision amended or repealed 34
has effect after the amendment or repeal as if it had been done or made 35
under the provision as so amended or repealed. 36
Explanatory note 37
This clause ensures that the amendment or repeal of a provision will not, unless 38
expressly provided, vitiate any act done or decision made under the provision as in 39
force before the amendment or repeal. 40
Page 71
Statute Law (Miscellaneous Provisions) Bill 2011
Schedule 5 General savings, transitional and other provisions
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts 11
or instruments by this Act. 12
Explanatory note 13
The effect of this clause is to enable the Governor, by proclamation, to revoke the 14
repeal of any Act or instrument or the provision of any Act or instrument repealed by 15
this Act. The Act or instrument or provision of an Act or instrument the subject of the 16
revocation of repeal is taken not to be, and never to have been, repealed. 17
5 Regulations 18
(1) The Governor may make regulations containing provisions of a savings 19
or transitional nature consequent on the enactment of this Act. 20
(2) Any such provision may, if the regulations so provide, take effect from 21
the date of assent to this Act or a later date. 22
(3) To the extent to which any such provision takes effect from a date that 23
is earlier than the date of its publication on the NSW legislation website, 24
the provision does not operate so as: 25
(a) to affect, in a manner prejudicial to any person (other than the 26
State or an authority of the State), the rights of that person 27
existing before the date of its publication, or 28
(b) to impose liabilities on any person (other than the State or an 29
authority of the State) in respect of anything done or omitted to 30
be done before the date of its publication. 31
Explanatory note 32
This clause enables the making of regulations of a savings or transitional nature having 33
a short term effect and relating to incidental matters arising out of the proposed Act with 34
regard to which no specific, or sufficient, provision has been made in the proposed Act. 35
Page 72
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
Notes 1
Index of Acts or instruments amended by Schedules 13 2
Aboriginal Land Rights Regulation 2002--Schedule 2 3
Administrative Decisions Tribunal Regulation 2009--Schedule 2 4
Adoption Act 2000 No 75--Schedule 1 5
Anti-Discrimination Act 1977 No 48--Schedule 2 6
Associations Incorporation Act 2009 No 7--Schedule 1 7
Associations Incorporation Regulation 2010--Schedule 2 8
Baptist Churches of New South Wales Property Trust Act 1984 No 4--Schedule 3 9
Baulkham Hills Local Environmental Plan 2005--Schedule 2 10
Capital Debt Charges Act 1957 No 1--Schedule 2 11
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 1 12
Civil Liability Act 2002 No 22--Schedule 3 13
Coal Acquisition Legislation Repeal Act 2007 No 62--Schedule 2 14
Commercial Agents and Private Inquiry Agents Regulation 2006--Schedule 2 15
Commercial Arbitration Act 2010 No 61--Schedule 2 16
Competition Policy Reform (New South Wales) Act 1995 No 8--Schedule 3 17
Conversion of Cemeteries Act 1974 No 17--Schedule 3 18
Conveyancers Licensing Act 2003 No 3--Schedule 2 19
Conveyancers Licensing Regulation 2006--Schedule 2 20
Crimes Act 1900 No 40--Schedule 3 21
Crimes at Sea Act 1998 No 173--Schedule 2 22
Election Funding, Expenditure and Disclosures Act 1981 No 78--Schedule 1 23
Election Funding, Expenditure and Disclosures Regulation 2009--Schedule 2 24
Environmental Planning and Assessment Act 1979 No 203--Schedules 2 and 3 25
Environmental Planning and Assessment Regulation 2000--Schedule 2 26
Fair Trading Act 1987 No 68--Schedule 2 27
Fire Brigades Act 1989 No 192--Schedule 1 28
Gunning Local Environmental Plan 1997--Schedule 2 29
Health Care Complaints Act 1993 No 105--Schedule 2 30
Health Practitioner Regulation (New South Wales) Regulation 2010--Schedule 2 31
Health Services Act 1997 No 154--Schedule 2 32
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88--Schedule 1 33
Home Building Act 1989 No 147--Schedule 2 34
Justices of the Peace Regulation 2009--Schedule 2 35
Page 73
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
and and Environment Court Act 1979 No 204--Schedule 2 1
egal Aid Commission Act 1979 No 78--Schedule 2 2
egal Profession Act 2004 No 112--Schedule 2 3
ocal Government Act 1993 No 30--Schedule 2 4
ocal Government and Other Authorities (Superannuation) Act 1927 No 35-- 5
Schedule 3 6
ocal Government (General) Regulation 2005--Schedule 2 7
Macquarie University By-law 2005--Schedule 2 8
Marine Safety Act 1998 No 121--Schedule 2 9
Marine Safety (Commercial Vessels) Regulation 2010--Schedule 2 10
Marine Safety (General) Regulation 2009--Schedule 2 11
Mining Act 1992 No 29--Schedule 2 12
National Gas (New South Wales) Act 2008 No 31--Schedule 2 13
National Parks and Wildlife Act 1974 No 80--Schedule 3 14
Offshore Minerals Act 1999 No 42--Schedule 2 15
Parramatta Local Environmental Plan 2001--Schedule 2 16
Passenger Transport Regulation 2007--Schedule 2 17
Petroleum (Offshore) Act 1982 No 23--Schedule 2 18
Plantations and Reafforestation (Code) Regulation 2001--Schedule 2 19
Police Act 1990 No 47--Schedule 1 20
Police Integrity Commission Act 1996 No 28--Schedule 1 21
Prisoners (Interstate Transfer) Order 2010--Schedule 2 22
Probate and Administration Act 1898 No 13--Schedule 3 23
Property, Stock and Business Agents Act 2002 No 66--Schedule 2 24
Property, Stock and Business Agents Regulation 2003--Schedule 2 25
Protection of the Environment Operations (General) Regulation 2009--Schedule 2 26
Public Health Act 2010 No 127--Schedule 2 27
Public Works Act 1912 No 45--Schedule 3 28
Residential Parks Act 1998 No 142--Schedule 2 29
Residential Tenancies Act 2010 No 42--Schedule 1 30
Residential Tenancies Regulation 2010--Schedules 1 and 2 31
Retail Trading Act 2008 No 49--Schedule 2 32
Security Industry Regulation 2007--Schedule 2 33
Singleton Local Environmental Plan 1996--Schedule 2 34
State Bank (Corporatisation) Act 1989 No 195--Schedule 3 35
State Environmental Planning Policy (Exempt and Complying Development Codes) 36
2008--Schedule 2 37
Page 74
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
State Environmental Planning Policy (Infrastructure) 2007--Schedule 2 1
State Environmental Planning Policy (Major Development) 2005--Schedule 2 2
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011-- 3
Schedule 2 4
State Records Act 1998 No 17--Schedule 3 5
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 1 6
Strata Schemes Management Act 1996 No 138--Schedule 2 7
Subordinate Legislation Act 1989 No 146--Schedule 3 8
Succession Act 2006 No 80--Schedule 2 9
Superannuation Act 1916 No 28--Schedule 2 10
Superannuation Legislation Amendment (Family Law) Act 2003 No 77--Schedule 3 11
Swimming Pools Act 1992 No 49--Schedule 1 12
Transport Administration Act 1988 No 109--Schedule 3 13
Trustee Act 1925 No 14--Schedule 3 14
Valuers Act 2003 No 4--Schedule 2 15
Walker Trusts Act 1938 No 31--Schedule 2 16
Water Management Act 2000 No 92--Schedule 1 17
Water Management (General) Regulation 2004--Schedule 1 18
Water Management (Water Supply Authorities) Regulation 2004--Schedule 1 19
Water Sharing Plan for the Greater Metropolitan Region Groundwater Sources 20
2011--Schedule 2 21
Water Sharing Plan for the Karuah River Water Source 2003--Schedule 2 22
Water Sharing Plan for the Murrah-Wallaga Area Unregulated and Alluvial Water 23
Sources 2010--Schedule 2 24
Water Sharing Plan for the Richmond River Area Unregulated, Regulated and 25
Alluvial Water Sources 2010--Schedule 2 26
Water Sharing Plan for the Towamba River Unregulated and Alluvial Water Sources 27
2010--Schedule 2 28
Water Sharing Plan for the Tweed River Area Unregulated and Alluvial Water 29
Sources 2010--Schedule 2 30
Wild Dog Destruction Act 1921 No 17--Schedule 1 31
Workers Compensation Act 1987 No 70--Schedules 2 and 3 32
Workers Compensation Regulation 2010--Schedule 2 33
Index of Acts or instruments wholly repealed by Schedule 4 34
Administration (Validating) Act 1900 No 38 35
Australian Iron & Steel Limited Agreement Ratification Act 1936 No 36 36
Bega Cemetery Act 1943 No 37 37
Page 75
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
Blue Mountains Land Development (Special Provisions) Act 1985 No 55 1
Botany and Randwick Sites Development Act 1982 No 99 2
Bungendore to Captain's Flat Railway Act 1930 No 23 3
Bungendore to Captain's Flat Railway Agreement Ratification Act 1937 No 25 4
Business Franchise Licences (Repeal) Act 1997 No 109 5
Campbelltown Presbyterian Cemetery Act 1984 No 19 6
Canowindra to Gregra Railway Act 1924 No 54 7
Carlingford Drainage Improvement (Land Exchange) Act 1992 No 68 8
Chaffey Dam Act 1974 No 60 9
Circular Quay Land Act 1890 54 Vic No 24 10
Clyde Waste Transfer Terminal (Special Provisions) Act 2003 No 88 11
Coal Mining Industry Long Service Leave (Repeal) Act 1992 No 82 12
Commonwealth and State Housing Agreement Act 1946 No 19 13
Commonwealth and State Housing Agreement Act 1955 No 41 14
Commonwealth Loans (Investment Enabling) Act 1915 No 63 15
Competition Policy Reform (New South Wales) Regulation 2008 16
Competition Policy Reform (New South Wales) Savings and Transitional Regulation 17
1996 18
Constitutional Legislation (Repeal) Act 1985 No 110 19
Coomealla Irrigation Area Deep Drainage (Repeal) Act 1979 No 162 20
Coonabarabran to Burren Junction Railway Act 1913 No 12 21
Country Towns Water and Sewerage (Reduction of Debts) Act 1922 No 27 22
Country Towns Water Supply and Sewerage (Debts) Act 1937 No 32 23
Darling Harbour Wharves Resumption Act 1900 No 10 24
Dartmouth Reservoir (Financial Agreement) Act 1970 No 30 25
Destitute Children's Society (Vesting) Act 1916 No 82 26
East Maitland Pasturage Reserve (Divesting) Act 1937 No 24 27
Eastern Gas Pipeline (Special Provisions) Act 1996 No 126 28
Evans Head Harbour Works Act 1960 No 44 29
Financial Agreement (Returned Soldiers Settlement) Ratification Act 1935 No 1 30
First State Superannuation Legislation Amendment (Conversion) Act 2005 No 91 31
Funeral Services Industry (Days of Operation) Repeal Act 2000 No 14 32
Gilgandra to Collie Railway Act 1915 No 47 33
Gladesville Mental Hospital Cemetery Act 1960 No 45 34
Glen Innes to Inverell Railway Act 1950 No 7 35
Great Northern Railway Deviation (Singleton to Nundah) Act 1951 No 37 36
Page 76
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
Guyra to Dorrigo Railway Act 1928 No 15 1
Housing Agreement Act 1956 No 35 2
Housing Agreement Act 1961 No 39 3
Housing Agreement Act 1966 No 40 4
Housing Agreement Act 1973 No 57 5
Housing Agreement Act 1974 No 90 6
Housing Agreement Act 1978 No 149 7
Housing Agreement Act 1981 No 129 8
Housing Agreement Act 1985 No 32 9
Inverell to Ashford Railway Act 1927 No 27 10
Junee Water Supply Administration (Repeal) Act 1982 No 139 11
Kooragang Coal Terminal (Special Provisions) Act 1997 No 138 12
ady Edith Carpenter Land Vesting Act 1937 No 6 13
aw Courts Limited Act 1977 No 10 14
aw Reform (Marital Consortium) Act 1984 No 38 15
ocal Court (Savings and Transitional) Regulation 2009 16
ocal Government and Other Authorities (Superannuation) Amendment Act 1977 17
No 46 18
ocal Government Areas Amalgamation Act 1980 No 110 19
ocal Government (City of Sydney Boundaries) Act 1967 No 48 20
ocal Government (Town and Country Planning) Amendment Act 1962 No 7 21
Maintenance, Champerty and Barratry Abolition Act 1993 No 88 22
Maritime Services (Amendment) Act 1981 No 76 23
Maritime Services (Amendment) Act 1984 No 101 24
Methodist Church, Rockdale, Cemetery Act 1936 No 29 25
Moore-street Improvement Act of 1890 54 Vic No 30 26
Moss Vale--Port Kembla Railway Agreement Ratification Act 1927 No 21 27
National Parks and Wildlife (Adjustment of Areas) Act 2001 No 49 28
New South Wales Investment Corporation (Sale) Act 1988 No 50 29
Newcastle Islands Development Scheme Railway Act 1966 No 28 30
Newcastle (Miscellaneous Lands) Act 1979 No 140 31
Parliamentary Remuneration (Special Provisions) Act 1982 No 158 32
Parramatta River (Ryde to Concord) Bridge Act 1931 No 9 33
Police Powers (Drug Detection Trial) Act 2003 No 28 34
Port Kembla Development (Special Provisions) Act 1997 No 40 35
Public Servant Housing Authority (Dissolution) Act 1996 No 14 36
Page 77
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
Railway Construction (East Hills to Campbelltown) Act 1983 No 111 1
Rand to Bull Plain Railway Act 1924 No 60 2
Royal Blind Society (Corporate Conversion) Act 2003 No 64 3
Saint Andrew's Cathedral Site Agreements and Central Baptist Church Act 1936 4
No 15 5
St. Andrew's Church of England, Mayfield, Cemetery Act 1957 No 39 6
St. Andrew's Presbyterian Church, Woonona, Cemetery Act 1966 No 6 7
St. Anne's Church of England, Ryde, Act 1968 No 47 8
St. Anne's Church of England (Ryde) Cemetery Act 1940 No 9 9
St. George's Church of England, Hurstville, Cemetery Act 1961 No 63 10
St. Peter's Church of England, Cook's River, Cemetery Act 1968 No 48 11
Sandy Hollow, via Gulgong, to Maryvale Railway Act 1927 No 28 12
South-west Tablelands Water Supply Administration (Repeal) Act 1997 No 114 13
Sports Drug Testing Act 1995 No 45 14
State Bank (Corporatisation) Savings and Transitional Regulation 1990 15
State Environmental Planning (Permissible Mining) Act 1996 No 27 16
State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 17
Statute Law (Miscellaneous Provisions) Act 2010 No 59 18
Subordinate Legislation (Repeal) Act 1985 No 232 19
Summary Offences (Repeal) Act 1979 No 62 20
Sutherland to Cronulla Railway Act 1936 No 39 21
Sydney 2000 Games Administration Act 2000 No 81 22
Sydney to Melbourne Railway Standardisation Agreement Act 1958 No 48 23
Thirlmere to Burragorang Railway Act 1951 No 28 24
Tocumwal Railway Extension Act 1906 No 57 25
Tocumwal Railway Extension (Supplementary Agreement Ratification) Act 1978 26
No 71 27
Totalizator Agency Board Privatisation Transitional Regulation 1998 28
Trustee Act 1898 No 4 29
Water Management (Private Water Trusts--General) Savings and Transitional 30
Regulation 1995 31
Whittingham to Mount Thorley Railway Act 1975 No 51 32
WorkCover Legislation Amendment Act 1996 No 120 33
Workers' Compensation (Brucellosis) Act 1979 No 116 34
Wyalong towards Condobolin Railway Act 1923 No 47 35
Page 78
Statute Law (Miscellaneous Provisions) Bill 2011
Notes
Index of Acts and instruments partly repealed by Schedule 4 1
Coal Mine Health and Safety Amendment Act 2010 No 23 2
Combat Sports Act 2008 No 116 3
Conveyancers Licensing Act 2003 No 3 4
Conveyancing Act 1919 No 6 5
Drug and Alcohol Treatment Act 2007 No 7 6
Environmental Planning and Assessment Amendment Act 2008 No 36 7
Fisheries Management (Lobster Share Management Plan) Regulation 2000 8
and Development Contribution Management Act 1970 No 22 9
Mining Amendment Act 2008 No 19 10
National Parks and Wildlife (Adjustment of Areas) Act 2005 No 27 11
Property, Stock and Business Agents Act 2002 No 66 12
Public Health (Tobacco) Act 2008 No 94 13
Royal Blind Society (Merger) Act 2005 No 87 14
Statute Law (Miscellaneous Provisions) Act 2009 No 56 15
Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 16
Statute Law (Miscellaneous Provisions) Act (No 2) 2009 No 106 17
Superannuation Legislation Amendment (Family Law) Act 2003 No 77 18
Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 19
2005 No 113 20
Page 79
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